PRINCIPAL COMMISSIONER OF INCOME TAX-I vs. B.S.SURYANARAYANA RAJU
What did the High Court hold?
The High Court granted the Income Tax Department's request to withdraw the appeal. The withdrawal was based on a CBDT circular regarding monetary limits for appeals.
What were the facts?
The Income Tax Department filed an appeal before the High Court challenging an ITAT order. The appeal was filed against an order passed by the Commissioner of Income Tax (Appeals) which in turn was against an order passed by the Income Tax Officer.
What were the issues?
The primary issue was whether the appeal met the monetary limits prescribed by the CBDT for filing appeals before the High Court.
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 :: AMARAVATI MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR AND THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA INCOME TAX TRIBUNAL APPEAL NO: 159 OF 2ni« Appeal 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 21-09-2017 passed in ITA.No.366A/IZ/2017 (Assessment year 2007-08) by the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam filed challenging the Order dated 31.03.2017 passed in Appeal No.124/2014-15 by the Commissioner of Income Tax (Appeals) Visakhapatnam, which filed against the Order dated 28.02.2014 passed U/s. 143(3) of the Income Tax Act, 1961 (Assessment year 2007- 2008) PAN NO.ABXPB0919P by the Income Tax Officer (H.Qrs),-ll O/o. Pr. Commissioner of Income Tax Visakhapatnam Between: Principal Commissioner Of Income Tax-1, Visakhapatnam ...APPELLANT AND B.S. Suryanarayana Raju, Flat No. 103,Lakshmi Apartments, Kailash Metta, Waltair Uplands, Visakhapatnam ...RESPONDENTS
Counsel for the Appellant : SRI Y N VIVEKANANDA ( SC FOR INCOME TAX) ^ Counsel for the Respondents : SRI G V N HARI The Court made the following JUDGMENT :
HONOURABLE SRI JUSTICE G. NARENDAR AND HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA I.T-T-A-No-ISgof 2018 JUDGMENT: (per Hon’ble Sri Justice G. Narendar) Sri Y.N. Vivekananda, learned Senior Standing Counsel for the Income Tax Department, prays leave of the Court to withdraw the instant appeal, as the same falls below the monetary limits fixed by the Central Board of Direct Taxes vide Circular No.09/2024, F.No.279/Misc./M-74/2024-ITJ dated 17.09.2024. Learned counsel has also filed into Court a copy of the letter dated 15.11.2024 received from the Assistant Commissioner of Income Tax, Circle- 1(1), Visakhapatnam, which contains instructions to withdraw the appeal for the aforementioned reason. Submission of the learned counsel is placed on record. Leave 2. granted. Accordingly, the instant appeal stands disposed of as withdrawn. As a sequel, pending interlocutory applications, if any. 3. shall stand closed. There shall be no order as to costs. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam
The Commissioner of Income Tax (Appeals) Visakhapatnam. 3. The lncomeTaxOfficer(H.Qrs).-IIO/o.Pr. Commissioner of Income Tax Visakhapatnam 4. One CC to Sri Y N Vivekananda ( SC for Income Tax) Advocate [OPUC] 5. One CC to Sri G V N Hari Advocate [OPUC] 6. THREE CD COPIES psr TAG
HIGH COURT DATED:25/11/2024 JUDGMENT ITTA.No.159of2018 DISMISSING THE ITTA AS WITHDRAWN
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