THE PR. COMMISSIONER OF INCOME-TAX. vs. K V S PRAKASA RAO
What did the High Court hold?
The High Court allowed the Department's request to withdraw the appeal. This was based on the Department's litigation policy which stipulates not to pursue appeals with monetary stakes below Rs. 2 Crores.
What were the facts?
The Income Tax Department filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal concerned assessment year 2005-06 and involved monetary stakes. The Department sought to withdraw the appeal.
What were the issues?
Whether the Department can withdraw an appeal based on its internal litigation policy regarding monetary limits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
s. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE G.NARENDAR AND HONOURABLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL No.344 of 2018 Appeal under Section 260 A of Income Tax Act, aggrieved by the order dated 18-8-2017 in I.T.A.No.488A/izag/2013 (Assessment year 2005- 06) before the Hon'ble Income Tax Appellate Tribunal, Visakhapatnam Bench, at Visakhapatnam and preferred against the order of the Commissioner of Income Tax (Appeals), Vijayawada, dated 29.04.2013 bearing Appeal No.430/CIT(A)/VJA/10-11 and preferred against the order of the Income-Tax Officer, Ward-2(1), Vijayawada PAN/GIR.No.AFWPK8823N/A.Y.2005-06/ITO/WARD-2(1)/Vijayawada dated 31.12.2010. in Between: The Principal Commissioner of income- Tax, Vijayawada. ...Appellant/ Appellant AND K V S Prakasa Rao, LR of Late Smt.K. Suseela, Door No. 29-14-53 Surya Rao Pet, Vijayawada. ...Respondent/ Respondent : Sri J V Prasad (SC for Income Tax) Counsel for the Respondent : M/s. CKR Associates The Court made the following: ORDER Counsel for the Appellant
Tf % APHC010023302018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3507] TUESDAY ,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL NO: 344/2018 Between: The Pr. Commissioner Of Income-tax. ...APPELLANT AND K V S Prakasa Rao ...RESPONDENT Counsel for the Appellant: 1. J V PRASAD (SC FOR INCOME TAX) Counsel for the Respondent: 1.CKR ASSOCIATES
r The Court made the following: (per Hon ble Sri Justice G Narendar) The learned counsel for the appellant-Department has filed a memo into Court, including a copy of the circular whereby, the appellant-Department has formulated a litigation policy and under the said policy, it has been resolved not to initiate any appeals or petitions, where the monetary stakes involved are less than Rs.2 Crores and hence, he prays leave of the Court to withdraw the appeal. 2. Submission is placed on record. Accordingly, the appeal is dismissed as withdrawn. No 3. costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this appeal shall stand closed. i\ SD/- P VENKATA RAMANA JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Income Tax Appellate Tribunal, Visakhapatnam Bench, at Visakhapatnam. 2. The Commissioner of Income Tax (Appeals), Vijayawada, Krishna District. 3. The Income-Tax Officer, Ward-2(1), Vijayawada, Krishna District. 4. One CC to Sri J V Prasad (SC for Income Tax) [OPUC] 5. One CC to M/s. CKR Associates, Advocate [OPUC] 6. Three CD Copies TK vna
HIGH COURT DATED:19/11/2024 JUDGMENT ITTA.No.344 of 2018 fe 2 8 FEB 2125 Current Section DISMISSING THE ITTA AS WITHDRAWN
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