THE PR COMM. OF INCOME -TAX, VIJAYAWADA vs. SRI BOTTA RAMESH KUMAR, VIJAYAWADA
What did the High Court hold?
The High Court allowed the withdrawal of the appeal based on the Department's litigation policy. The policy states that appeals with monetary stakes below Rs. 2 Crores will not be pursued.
What were the facts?
The Income Tax Department filed an appeal before the High Court challenging an ITAT order. The appeal was filed under Section 260A of the Income Tax Act, 1961.
What were the issues?
Whether the appeal should be withdrawn by the Income Tax Department based on its litigation policy regarding monetary stakes.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
% tv IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTEENTH DAY OF NOVEMBE TWO THOUSAND AND TWENTY FOUR ■ / y<c CW- o W i < PRESENT HONOURABLE SRI JUSTICE G.NARENDARX^J^ C(V AND HONOURABLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL NO: 514 OF 2016 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 I.T.A No.461A/izag/2012 the Order dated 11-12-2015 passed in (Assessment year 2008-2009) by the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam, filed challenging the Order dated 31-10-2012 passed in Appeal No.333/CIT(A)A/JA/2010-11, by the Commissioner of Income Tax (Appeals), Vijayawada, which filed against the Order dated 27-12-2010 passed U/s.143(3) of the Income Tax Act, 1961 (Assessment year 2008-2009) PAN No.AEPPB 9119N by the Assistant Commissioner of Income Tax, Circle-2(1), Vijayawada. Between: The Principal Commissioner of Income Tax, Vijayawada. ...APPELLANT AND Botta Ramesh Kumar, D.No.40-2-26, GF-2, Tara Complex, Raghuram Street, Mogalrajpuram, Vijayawada. ...RESPONDENT
V \. ^Counsel for the Appellant STANDING COUNSEL FOR INCOME TAX DEPARTMENT) Counsel for the Respondent The Court made the following JUDGMENT ; : SRI ANUP KOUSHIK KARAVADI (SENIOR r-
A 1 >/ HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR l-T.T.A. No. 514 of 2016 JUDGMENT:- (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 No.09/2024 in F.No.279/Misc./M-74/2024-ITJ, dated 17.09.2024, 1. whereby, the Appellant-Department has formulated a litigation policy and under the said policy, it has been resolved not to initiate Petitions, where the monetary stakes involved any Appeals or are less than Rs.2 Crores and hence, he prays leave of the Court to withdraw the Appeal. 2. Submission is placed on record. 3. Accordingly, the Appeal is dismissed as withdrawn. No costs. As a sequel thereto, the miscellaneous petitions pending in this Appeal shall stand closed. if any^ SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Income Tax Appellate Tribunal, Visakhapatnam Visakhapatnam. Bench
The Commissioner of Income Tax (Appeals), Vijayawada. 3. The Assistant Commissioner of Income Tax, Circle-2(1), Vijayawada. 4. One CC to Sri Anup Koushik Karavadi Advocate [OPUC] 5. Three CD Copies BSV TAG
high court DATED:18/11/2024 ^^^ofANDTi^^ I 0 ^ JIJN ?D?5 " ^ . Current Section m JUDGMENT *TTA.No.514 of 2016 dismissing the itta as WITHOUT COSTS WITHDRAWN
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