What did the High Court hold?

The High Court permitted the Income Tax Department to withdraw the appeal. Liberty was granted to file for restoration if the appeal fell under exceptions mentioned in the circular.

The Income Tax Department sought to withdraw its appeal before the High Court. This withdrawal was based on a CBDT circular allowing withdrawal of appeals with a tax effect below Rs. 1 crore.

What were the issues?

The primary issue was whether the Income Tax Department could withdraw its appeal based on a CBDT circular regarding tax effect thresholds.

CIT vs Skoda Export Co.Ltd.Visk | Andhra Pradesh High Court 2022

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THE HON’BLE Mr. JUSTICE AHSANUDDIN AMANULLAH AND THE HON’BLE Ms. JUSTICE B. S. BHANUMATHI

I.T.T.A. No. 146 of 2002

Commissioner of Income Tax, Visakhapatnam. …. Appellant Versus M/s. Skoda Export Co. Ltd, Rep. by RINL, C/o. Dy. Manager, ( F& A), F&A Department, Admn. Building, Steel Plant, Visakhapantam. …. Respondent

Counsel for the appellant

: Ms. M. Kiranmayee,

Senior Standing Counsel, Income Tax

Counsel for the respondent

: Mr. A. V. A. Siva Kartikeya,

Advocate, representing Mr. A. V. Krishna Koundinya Advocate.

ORAL JUDGMENT

Date: 25.01.2022 (Per Hon’ble Ms. Justice B. S. Bhanumathi)

When the matter is taken up, Ms. M. Kiranmayee, learned Senior Standing Counsel, Income Tax, for the appellant submitted that as per the Central Board Direct Taxes Circular No.17 of 2019, dated 08.08.2019, if the tax effect is below Rs.1.00 crore, an appeal can be withdrawn and that the subject matter of this appeal is squarely covered by the Judgment of this Court dated 06.11.2019 passed in ITTA No.163 of 2019 in which the said Circular was considered. Thus, she sought permission to withdraw the appeal in terms thereof.

The Judgment in ITTA No. 163 of 2019 reads as under:

“The learned Standing Counsel for the Income-Tax Department would submit that in terms of the Central Board Direct Taxes Circular No.17 of 2019, dated 08.08.2019, all appeals where the tax effect is below Rs.1,00,00,000/- are required to be withdrawn and as the value of the present appeal is less than Rs.1,00,00,000/-, the appellant may be permitted to withdraw the appeal. The learned counsel would further submit that liberty may be granted in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in the Circular issued by the Central Board to file an application for restoration of the appeal.

Accordingly, the appeal is dismissed as withdrawn with the liberty aforestated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions, if any pending, shall disposed of as infructuous.”

Mr. A. V. A. Siva Kartikeya, learned counsel representing Mr. A. V. Krishna Koundinya, learned counsel for the respondent did not oppose the said submission.

Having regard to the facts and circumstances of the case and considering the submission of learned Senior Standing Counsel, the appeal is dismissed as withdrawn granting liberty to the appellant to file an application for restoration of the appeal, if it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in the Circular No.17, dated 08.08.2019 issued by the Central Board Direct Taxes. No order as to costs.

Miscellaneous Applications, if any pending, also stand disposed of. _______________________________ (AHSANUDDIN AMANULLAH, J)

_______________________ (B. S. BHANUMATHI, J) Mjl/*

THE HON’BLE Mr. JUSTICE AHSANUDDIN AMANULLAH

AND

THE HON’BLE Ms. JUSTICE B. S. BHANUMATHI

ITTA No. 146 2002

25.01.2022

Mjl/*

COMMISSIONER OF INCOME TAX,VISK. vs. SKODA EXPORT CO.LTD.VISK.

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