The Prl. Commissioner of Income Tax, vs. GVR Associates

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ITTA/749/2017HC Andhra PradeshAPHC01088590201724 November 2024Bench: G.NARENDAR,KIRANMAYEE MANDAVA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court granted the Income Tax Department's request to withdraw the appeal. This withdrawal was based on a certificate from the Assessing Officer stating the tax effect fell below monetary limits prescribed by CBDT circulars.

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, which in turn was against an assessment order by the Income Tax Officer.

What were the issues?

The primary issue was whether the appeal should be withdrawn by the appellant due to the tax effect being below the prescribed monetary limits.

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 :: AMARAVATI MONDAY ,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR &w p PRESENT yy' THE HONOURABLE SRI JUSTICE G.NARENDAR AND THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA INCOME TAX TRIBUNAL APPEAL NO: 749 OF 2017 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 20.01.2017 passed in ITA No.221/Vizag/2015 (Assessment year 2010-11) by the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam filed challenging the Order dated passed under Section Commissioner of Income Tax, Vijayawada, PAN AA GFG8578B which filed against the Order dated 26-03-2013 passed U/s.143(3) Tax Act, 1961 (Assessment year 2010-2011) by the Income Tax Officer Ward - 1 (3), Vijayawada. Between: The Principal Commissioner of Income Tax, Vijayawada 26.03.2015 263 of the Income Tax Act 1961 by the of the Income ...Appellant AND GVR Associates, Suryabala Apartments, Ayodhyanagar, Vijayawada ...Respondents :SRI. Y N VIVEKANANDA (SC for Income Tax) Counsel for the Respondents: SRI. P DURGA PRASAD The Court made the following: Counsel for the Appellant

r / HONOURABLE SRI JUSTICE G. NARENDAR AND HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA l■T■T■A.No■749 of 2017 JUDGMENT: (per Hon’ble Sri Justice G. Narendar) Sri Y.N. Vivekananda, learned Senior Standing Counsel for Income Tax Department, has filed into Court a copy of the Certificate issued by the Assessing Officer, certifying that the instant appeal needs to be withdrawn as the tax effect involved 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, and that the appeal does not fall under the exceptions prescribed under Para- 3.1 & 3.2 of the Board’s Circular No.05/2024 dated 15.03.2024. Learned counsel, therefore, prays leave of the Court to withdraw the appeal. Submission of the learned counsel is placed on record. Leave 2. granted. Accordingly, the instant appeal stands disposed of as withdrawn. 3. As a sequel, pending interlocutory applications, if any, 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. 2. The Commissioner of Income Tax, Vijayawada.

3.

The Income Tax Officer Ward - 1 (3), Vijayawada. One CC to Sri Y.N. Vivekananda (SC for Income Tax) [OPUC] One CC to Sri P. Durga Prasad, Advocate [OPUC] Two CD Copies 4. 5. 6. psr

HIGH COURT DATED:25/11/2024 JUDGMENT ITTA.No.749 of 2017 |. 0 2 JUN 2125 ^ DISMISSING THE I.T.T.A. AS WITHDRAWN WITHOUT COSTS

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