What did the High Court hold?

The High Court granted the Income Tax Department leave to withdraw the appeal. The withdrawal was based on instructions from the CBDT due to the appeal falling below monetary limits.

The Income Tax Department filed an appeal before the High Court against an ITAT order. The appeal was filed under Section 260A of the Income Tax Act, 1961. The assessment year in question was 2002-2003.

What were the issues?

The primary issue was whether the appeal should be withdrawn by the Income Tax Department as it fell below the monetary limits prescribed by the CBDT.

CIT vs Shri K.S.N. Prasad | Andhra Pradesh High Court 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE G.NARENDAR AND HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA INCOME TAX TRIBUNAL APPEAL NO: 386 OF 2012 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 02-02-2010 passed in I.T.A No.142A/izag/2006 (Assessment year 2002-2003) by the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam, filed challenging the Order dated 18-01-2006 passed in ITA No.51/ACIT/C-1(1) /05-06, by the Commissioner of Income Tax (Appeals), Visakhapatnam, which filed against the Order dated 14-03-2005 passed U/s. 143(3) of the Income Tax Act, 1961 (Assessment year 2002-2003) by the Assistant Commissioner of Income Tax, Cricle-I(l), Visakhapatnam. Between: Commissioner of Income Tax-1, Visakhapatnam. ...Petitioner AND K.S.N.Prasad, D.No.2-99, Gitam College Road, Yendada, Visakhapatnam. ...Respondent

f :Sri Y N Vivekananda Counsel for the Appellant / ■ / (Senior Standing Counsel for Income Tax / /• / / // Department) ;■# Counsel for the Respondent k The Court made the following: JUDGMENT

HONOURABLE SRI JUSTICE G. NARENDAR AND HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA I.T.T.A.No.SSe of 2012 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 14.11.2024 received from the office of the Income Tax Officer, Ward-2(5) 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 3. withdrawn. As a sequel, pending interlocutory applications, if any, shall stand closed. There shall be no order as to costs. RA RAO 5ISTRAR Sd/- E KAMESV JOINT Rl //TRUE COPY// SECTlbN OFFICER To, Visakhapatnam Bench, Tax Appellate Tribunal 1. The Income Visakhapatnam.

The Commissioner of Income Tax (Appeals), Visakhapatnam 3. The Assistant Commissioner Visakhapatnam. 4. One CC to Sri Y N Vivekananda Advocate [OPUC] 5. Three CD Copies of Income Tax, Circle-1 (1) BSV vna

HIGH COURT DATED:25/11/2024 JUDGMENT ITTA.No.386 of 2012 « 12 MAY 2025 ^ . Current Section .' DISPOSING OF THE ITTA AS WITHDRAWN WITHOUT COSTS

COMMISSIONER OF INCOME TAX-1 vs. SHRI K.S.N. PRASAD

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