PRINCIPAL COMMISSIONER OF INCOME TAX, KURNOOL DIST vs. M/S P CEMENTS & MINERAL IND. LTD., KURNOOL

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ITTA/163/2017HC Andhra PradeshAPHC01021861201707 April 2025Bench: NINALA JAYASURYA,TARLADA RAJASEKHAR RAO5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, based on the submission of the Income Tax Department, dismissed the appeal as withdrawn. The withdrawal was due to the tax effect being covered by a National Company Law Tribunal (NCLT) decision.

What were the facts?

The Income Tax Department filed an appeal before the High Court challenging an ITAT order. The appeal was related to the assessment year 2008-2009. The Department later sought to withdraw the appeal.

What were the issues?

The primary issue was the Department's decision to withdraw the appeal before the High Court. The reason for withdrawal was a subsequent NCLT order impacting the tax effect.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

/• IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO INCOME TAX TRIBUNAL APPEAL NO: 163 OF 2017 Appeal filed under Section 260 A of the Income Tax Act, 1961, aggrieved by the orders of the tribunal in I.TA.No. 694/Hyd/2013 dated 28.09.2016 on the file of the Income Tax Appellate Tribunal, Hyderabad Bench-A, Hyderabad relating to the assessment year 2008-2009, which was filed challenging the Order dated 25.03.2013 passed in ITA No. 413/Addl.CIT Kurnool range/CIT(A)-IV/2010-2011, by the Commissioner of Income Tax (Appeals)-IV, Hyderabad, which filed against the Order dated 31-12-2010 passed U/s.143(3) of the Income Tax Act, 1961 AABCP2298M (Assessment year 2008-2009) by the Assistant Commissioner of Income Tax, Kurnool Range Between: Principal Commissioner Of Income Tax, Kurnool Charge, MVP Complex, D.No. 43-128-3, Prakash Nagar, Kurnool-518001. ...APPELLANT/ RESPONDENT AND M/s panyam cements & mineral ind. Ltd., Cement Nagar, Kurnool, (PAN NO: AABCP2298M) ...RESPONDENT/ APPELLANT

Counsel for the Appellant: SRI Y N VIVEKANANDA (Standing Counsel for Income Tax Department) Counsel for the Respondent: SRI A V RAGHU RAM The Court made the following Judgment;

APHC010218612017 / ■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3526] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO INCOME TAX TRIBUNAL APPEAL No.163 of 2017 Between: 1. Principal Commissioner of income Tax, Kurnool Charge, MVP Complex, D.No.43-128-3, Prakash Nagar, Kurnool-518001. / ...APPELLANT AND 1.M/S Panyam Cements & Mineral Industries Limited, Cement Nagar, Kurnool, (PAN NO: AABCP2298M) ...RESPONDENT Counsel for the Appellant: 1.YN VIVEKANANDA Counsel for the Respondent: 1.AVRAGHU RAM The Court made the following JUDGMENT: (per NJS,J) At the time of considering the matter, Mr.Y.N.Vivekananda, learned Senior Standing Counsel for the Income Tax Department appearing for appellant along with Mr.Vamsi Krishna Bodapati, learned Junior Standing Counsel states that in view of the tax effect involved in this case

2 is covered by the decision of NCLT vide Order dated 25.6.2021 in M.A. No.04/2021 in C.P. No.(IB) 187/7/AMR/2019, the Department instructed withdrawal of the appeal. A Certificate addressed by the Assistant Commissioner of Income Tax, Circle-1, Kurnool, in this regard, is placed on record. \ 2. Recording the said submission, the appeal is dismissed as withdrawn. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. / Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Income Tax Appellate Tribunal, Hyderabad Bench-A, Hyderabad 2. The Commissioner of Income Tax (Appeals)-IV, Hyderabad 3. The Assistant Commissioner of Income Tax, Kurnool Range 4. One CC to Sri Y N Vivekananda (Standing Counsel for Income Tax Department) [OPUC] 5. One CC to Sri A V Raghu Ram, Advocate [OPUC] 6. Three CD Copies MV vna

HIGH COURT DATED; 08/04/2025 JUDGMENT ITTA.No.163 of 2017 DISMISSING THE ITTA AS WITHDRAWN

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