PRINCIPAL COMMISSIONER OF INCOME TAX vs. BASAPPAGARI PENCHALA NARASIMHULU
What did the High Court hold?
The High Court granted the Department's request to withdraw the appeal. The withdrawal was based on a circular from the Board fixing monetary limits for appeals.
What were the facts?
The Income Tax Department filed an appeal before the High Court challenging an order of the Income Tax Appellate Tribunal. The appeal was filed for the assessment year 2009-2010.
What were the issues?
The primary issue was the Department's decision to withdraw the appeal due to it falling below the prescribed monetary limits for filing appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF ANDHRA PRADESH AT FRIDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR AMARAVATI PRESENT HONOURABLE SRI JUSTICE G.NARENDAR AND honourable SRI JUSTICE T.C.D.SEKHAR income tax tribunal APPFAI Mn- 98 OF 2019 Appeal filed under Section 260 praying that the High Court may be pleased to setting aside the No.1343/Hyd/2016 (Assessment A of the Income Tax Act, 1961 ' allow the appeal by duly passed in I.T.A Order dated 26-09-2018 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.0364/CIT(A), Knl/2014-15 the Commissioner of Income Tax (Appeals) the Order dated 18-02-2014 by Kurnool, which filed against passed U/s. 143(3) read with Section 147 of the Income Tax Act, 1961 (Assessment year 2009-2010) by the Assistant Anantapur. Commissioner of Income Tax, Circle-1 Between: Principal Commissioner of Income Tax, D.No.43-128-3, Prakash Nagar, Kurnool-518001. Kurnool Charge, MVP Complex, ...Appellant AND Basappagari Penchala Narasimhulu, D.No.1-302, ‘ NO.AWSPP5609A] Prop.M/s.Abhiram Transport, Sunkalammapalem, Tadipatri, Anantapur-515411. [PAN ...Respondent
Counsel for the Appellant :Sri B Narasimha Sarma (Senior Standing Counsel for Income Tax Department) Counsel for the Respondent :Sri Manmohan Dundu The Court made the following:
1 THE HON’BLE SRI JUSTICE G.NARENDAR AND THE HON’BLE SRI JUSTICE T.C.D.SEKHAR I.T.T.A. No.98 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. SD/- P VENKATA RAMANA JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Income Tax Appellate Tribunal, Hyderabad Bench-B Hyderabad. 2. The Commissioner of Income Tax (Appeals), Kurnool.
%'A 3. The Assistant Commissioner of Income Kurnool District. 4. One CC to Sri B Narasimha Sarma 5. One CC to Sri Manmohan Dundu 6. Three CD Copies Tax, Circle-1, Anantapur, Advocate [OPUC] Advocate [OPUC] BSV sree
§ V HIGH COURT y. £ DATED:13/12/2024 V JUDGMENT ITTA.No.98 of 2019 g 01 APR 2025 ^ . Current Section to DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS
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