THE PR. COMMISSIONER OF INCOME TAX vs. SMT. BOMMANA DURGA SASIKALA
What did the High Court hold?
The High Court granted permission to the Income Tax Department to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.
What were the facts?
The Income Tax Department filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The department sought to withdraw the appeal due to the tax effect being below the prescribed monetary limits.
What were the issues?
The primary issue was whether the appeal should be withdrawn by the department based on the tax effect falling below monetary limits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
4' APHC010577522022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0 WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA INCOME TAX TRIBUNAL APPEAL NO: 4 OF 2023 Appeal under section 260-A of the Income Tax Act, 1961, against oroers against the order of the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam, in ITA.No. 231A/iz/2019 dated 30-05- 2022 for A.Y. 2015-16 against the Order dated 01.03.2019 No. 10115/2017-18/cit(A)/RJY under section 143(3) of the Act, 1961 Assessment year 2014-15 by the Commissioner of Income Tax (Appeals)- Rajamahendravaram, against the Order dated 30-12-2017 passed in under section 143(3) of the Income Tax Act, 1961 Assessment year 2015-16 by the Income tax Officer, Ward -1(2), Rajamahendravaram. Between: The Pr. Commissioner of Income Tax, Visakhapatnam passed in ITA Income Tax ...Petitioner/Appellant AND Smt. Bommana Durga Sasikala, Rajamahendravaram. (PAN No.ADAPB3030C). D.No.25-1-18, Jayakrishnapuram, ...Respondent
w Counsel for the Petitioner: SRI INCOME TAX) Counsel for the Respondent: SRI ANUP KOUSHIK KARAVADI (SC FOR G.V.N. HARI The Court made the following JUDGMENT:
APHC010577522022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA INCOME TAX TRIBUNAL APPEAL NO: 4/2023 Between: 1.THE PR. COMMISSIONER OF INCOME TAX, VISAKHAPATNAM ...APPELLANT AND 1.SMT BOMMANADURGASASIKALA, D.No.25-1-18, Jayakrishnapuram Rajamahendravaram. (PAN No,ADAPB3030C). ...RESPONDENT Appeal under section against orderspleased to set aside the order of the Income-tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam, in ITA.No. 231A/iz/2019 dated 30-05-2022 for A.Y. 2015-16 lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 23 days in filing the above appeal and to pass lA NO: 2 OF 2023 P^etition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 113 days in representation of the file relating to APPEAL, and to pass Counsel for the Appellant: 1. ELEVATED AS JUDGE Counsel for the Respondent:
2 1.G VN HARI The Court made the following: ■
3 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA INCOME TAX TRIBUNAL APPEAL N0.4 of 2023 JUDGMENT:fPer Hon’ble Sri Justice Battu Devan and) Learned counsel for the appellant has placed a copy of the certificate issued by the Income Tax Officer, Ward-1 (1), Rajamahendravaram, wherein it is submitted that the appeal filed by the department in i.T.T.A.No.4 of 2023 is to be withdrawn, in view of the tax effect involved in the case is Rs.1,14,87,833/-, which is below monetary limits Accoi'dingly, learned counsel sought permission of the Court to withdraw this appeal. 2. Copy of the certificate is placed on record. Permission is granted. 3. Accordingly, the Income Tax Tribunal Appeal is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR sec^Tofficer //TRUE COPY// • * To, 1. The Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam. 2. The Commissioner of Income Tax (Appeals)- Rajamahendravaram. 3. The Income tax Officer, Ward -1(2), Rajamahendravaram.
One CC to Sri. Anup Koushik Karavadi (SC for Income Tax) 5. One CC to Sri. G V N Hari, Advocate [OPUC] 6. The Section Officer, V.R. Section, High Court of Andhra 7. Two CD Copies [OPUC] Pradesh. PR sree
HIGH COURT DATED:20/08/2025 JUDGMENT ITTA NO. 4 OF 2023 DISMISSING THE APPEAL AS WITHDRAWN WITHOUT COSTS ' ■
More judgments on Section 260-A
- Rijwan vs Income Tax OfficerITA/3/202023 Sept 2026
- Manoj Gupta vs Commissioner of Income Tax (Appeals)…ITA/243/202618 Sept 2026
- Rajesh Kumar Gupta vs Income Tax Officer, JammuITA/20/20142 Apr 2026
- Late Shri Gopaliyengar Madabushi Muralidhar vs The Income Tax OfficerITA/16/202526 Feb 2026
- Shri K. Samba Siva Rao ( HUF), Hyd vs I.T.O., HydITTA/181/20109 Feb 2026
Recent GST High Court judgments
Search GST case law →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026