PRINCIPAL COMMISSIONER OF INCOME TAX-I vs. M/S SAHU MINERALS AND PROPERTIES LTD.
What did the High Court hold?
The High Court granted the Department's request to withdraw the appeal. The withdrawal was based on the appeal falling below the monetary limits prescribed by a CBDT circular.
What were the facts?
The Department filed an appeal before the High Court challenging an order of the Income Tax Appellate Tribunal. The appeal was filed against an order passed under Section 143(3) r.w.s 147 of the IT Act, 1961.
What were the issues?
The primary issue was whether the appeal should be allowed to be withdrawn by the appellant-Department due to it falling below the prescribed monetary limits for appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad Bench-B, Hyderabad
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY .THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL NO: 84 OF 2019 Appeal filed under Section 260 A of the Income Tax Act, 1961 praying that the High Court may be pleased to allow the appeal by duly setting aside the Order dated 26.09.2018 passed in I.T.A No. 1357/Hyd/2016 (Assessment year 2009-2010) by the Income Tax Appellate Tribunal, Hyderabad Bench-B, Hyderabad filed challenging the Order dated 12.07.2016 passed in ITA No.0380/CIT(A), Knl/2014-15, by the Commissioner of Income Tax (Appeals), Kurnool, which filed against the order dated 14.02.201^ passed U/s. 143(3) r.w.s 147of the IT Act, 1961 (Assessment year 2009-2010)PAN No. AOLPG7759M/105 by the Assistant Commissioner of Income Tax Office, Circle-1, Anantapur Between: Principal Commissioner Of Income Tax, Kurnool Charge, MVP Complex, D.No.43- 128-3, Prakash Nagar, Kurnool-518001. ...APPELLANTS AND Ramesh Gandikota, M/s Sridhartha Transport, D.No.3/493-2, Krishnapu Tadipatri, Anantapur-515411 ram ...RESPONDENTS
V Counsel for the Appellants : SRI. SC FOR INCOME TAX iStlug^el for the Respondents: NONE APPEARED " ft^Co^ made the followingiJUDGMENT *. 4? t If
f THE HON’BLE SRI JUSTICE G.NARENDAR AND THE HON’BLE SRI JUSTICE T.C.D.SEKHAR I.T.T.A. No.84 of 2019 JUDGMENT:- (per Hon’ble Sri Justice G.Narendar) The learned counsel for the appellant-Department prays leave of the Court to withdraw the instant appeal, as it falls below the monetary limits (i.e. Rs.2 Crores) fixed by the Board, vide Circular No.09/2024 in F.No.279/Misc./M=74/2024-ITJ, dated 17.09.2024. The learned counsel for the appellant has also filed into Court a copy of the certificate, received from the Assistant Commissioner of Income-Tax, Circle-1, Kurnool, which contains instructions to withdraw the appeal for the aforementioned reason. The submission of the learned counsel for the appellant is placed 2) on record. Leave granted. Accordingly, the appeal is dismissed as withdrawn. No order as to 3) costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. SDI- E KAMESWARA RAO JOINT REGISTRAR / / //TRUE COPY// SECTION OFFICER To, Income Tax Appellate Tribunal, Hyderabad Bench-B, Hyderabad 1. The 2. The Commissioner of Income Tax (Appeals), KurnOol 3 jhe Assistant Commissioner of Income Tax Office, Circle-1, Anantapur 4. OneCCto Sri SC for INCOME TAX, Advocate [OPUC] 5. Three CD Copies
HIGH COURT DATED:13/12/2024 ORDER ITTA.No.84 of 2019 DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS
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