Commissioner of Income Tax vs. Padala Satyanarayana Reddy
What did the High Court hold?
The High Court permitted the Income Tax Department to withdraw the appeal. This was based on a CBDT circular regarding appeals with a tax effect below Rs. 1,00,00,000/-.
What were the facts?
The Commissioner of Income Tax filed an appeal before the High Court against an ITAT order. The appeal was filed for the Assessment Year 1987-88.
What were the issues?
The primary issue was the withdrawal of the appeal due to low tax effect as per CBDT guidelines.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatna
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAi:t-|^'^ THURSDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A V SESHA SAI AND THE HONOURABLE SRI JUSTICE RAVI NATH TI^HARI ITTA NO: 235 OF 2007 (Appeal Under Section 260(A) of the Income Tax Act, 1961 preferred against the order of the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatna in IT[SS]A No.64A/izag/02 for the Assessment Year 1987-88 23.11.2006 preferred against the order of the Commissioner (Appeals), Rajahmundry in ITA. No. 47n-r/C-1 RJY/CTT(A)RJY/1999-2000, dated 21.09.2001 & 30.01.2002 preferred against the order of the Deputy Commissioner of Income Tax, Circle-1, Rajahmundry in PAN/GIR.No. S-1020 Dated: - \ •m- o * * m to 1997-98, dated of Income Tax -02-2000) Between; Commissioner of Income Tax, Rajahmundry ...APPELLANT AND Padala Satyanarayana Reddy, R/o.D.No.74-7-3, Prakashnagar, Rajahmundry, ...RESPONDENT Counsel for the Appellants : SMT.M.KIRANMAYEE Counsel for the Respondents: SRI S. RAVI The Court made the following: I I r
HON’BLE SRI JUSTICE A.V.SESHA SAI AND HON’BLE SRI JUSTICE RAVI NATH TILHARI I.T.T.A.No.235 of 2007 ORDER:- (Per AVSS,J) Smt.M.Kiranmayee, learned Standing Counsel for the Income Tax Department would submit that in terms of Central Board Direct Taxes Circular No. 17 of 2019, dated 08.08.2019, all appeals where the tax effect is below Rs. 1,00,00,000/- are required to be withdrawn, and as the value of the present appeal is less than Rs. 1,00,00,000/-, the appellant may be permitted to withdraw the appeal. The learned counsel would further submit that liberty may be granted, in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in the circular issued by the Central Board to file an application for restoration of the appeal. Accordingly, this Appeal is dismissed as withdrawn with the liberty sought for. There shall be no order as to costs of the Appeal. As a sequel, interlocutory applications pending, if any, in this appeal shall stand closed. SD/-M.RAMESH BABU DEPUTVj REGISTRAR SECTION OFFICER //TRUE COPY// / / To, 1. The Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam 2. The Commissioner of Income Tax (Appeals), Rajahmundry 3. The Deputy Commissioner of Income Tax, Circle-1, Rajahmundry 4. One CC to Smt. M. Kiranmayee, Advocate [OPUC] 5. One CC to Sri S. Ravi, Advocate [OPUC] 6. Two CD Copies psr ssb t
HIGH COURT DATED:16/06/2022 ORDER ITTA.No.235 of 2007 DISMISSING THE ITTA AS WITHDRAW
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