The Commissioner of Income Tax-III, vs. M/s. Vishal Infrastructure Limited,

PDF · subscribers
ITTA/678/2006HC TelanganaHBHC01055589200609 August 2023Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal. The dismissal was based on the Central Board of Direct Taxes (CBDT) circular enhancing monetary limits for filing appeals before the High Court.

What were the facts?

The Revenue filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was filed for the Assessment Year 2001-02.

What were the issues?

Whether the appeal filed by the Revenue is within the enhanced monetary limits prescribed by the CBDT for filing appeals before the High Court.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

[ 3s86 J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBUNALAPPEAL No: 678 OF 2006 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act, 1961 arising out of the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad in ITA No.324lHydl200', for Assessment year 2001-02 dated 29-03-2006 prefened against the Order of the Commissioner of lncome Tax, (Appeals)-lV, Hyderabad, lTA.No.290/ACIT-3(4yCtT(A)-tV.O4-05,dated:07-O1-2OOS, preferred against the Order of the Assistant Commissioner of lncome Tax Circle- 3(4), Hyderabad, PAN/clR No.AABCM3918R / V-070 dared 30{1-2004. Between: The Commissioner of lncome Tax-lll,, Hyderabad ...APPELLANT AND M/s. Vishal lnfrastructure Limited, 1-2251A, Anugriha Apartments, Rukmini Colony, West Marredpally, Secunderabad. ...RESPONDENT Counsel for the Appellant: Mr. J.V. PRASAD, Learned Senior Standing Counsel appearing for SRI B.NARASIMHA SHARMA, SC for tT Depr. Counsel for the Respondent: SRI V.SUBRAHMANYAM The Court delivered the following: JUDGMENT

THE HON'BLE SRI JUSTICE P.SAM KOSITY AND THE TION'BLE SRI WSTICE A. LA)CIII NARAYANA I.T.T.A. No.678 of 20O6 JUDGMEIT:pe: t lol'b[( .sn.tustice p.SAIrI KOs,Hr) Heard Mr J.V. Prasad, Iearned Senlor Standing Counsel appeanng for the appellant- 2 This appeal under Section 260A of the lncome Tax Act, 196 I, has beer: preferrecl by the Revenue as the appeilant agairrst the order dt.29.03.2()O6 passed by the Income Tax Appellate Triburral. l{yderabacl Bt i-rch 'A', Hyderabad, in I.T.A.No.324 /Hyd,/2OO5 for the Assessmenr \car 2Ot't 02 3. Central Board of Direct Taxes (CBDT) has issued Circular No.17 of 20I9 dt.O8.O8 2tJl9, amending the previous Circrrla-r I,lo.3 of 20 lE dt.l I.07.20 18, b1' further enhancing the monetary limits for tiling al>peals bv the [ncome Ta-x Department before the Income Tax Appcllate Tribuna]s, High Courts and Supreme Court as a measure for reducrng lrtigatron ln paragraph 2 of the said Circuler, v,'e fmd that the moletary hmit irxed for hling an appeal bcfore thc High Court is Rs.l.OO crore. 4. [n the rnsrant appeal. teu. cffect is well below the monctirrv hmit 5. Therefore, the appr:al filed b5, ths Deparrment is clisrnissccl in terms c[ thc aforesaid (lrrcular Nrr.17 o[ 2019 dt.08.08.20I9. However, if the appeat r:omcs uithin tir.i r)x(:(_.Dtion urrder paragraph lO of Cirr:ular No.3 of 2Oig, ir , t

2 woutd be open to the lncome Tax Department to seek revival of the appcal' No order ac to costs' Consequently, miscellaneou s petitions pending, if any, shall stand 6 d I I I III I closed. 6. Two CD CoPies kam d s d/- M' JvJi$IA33,t?[iE ,ITRUE COPY// SECT N OFFICER To, 1. The lncome Tax Appellate Tribunal' Hyderabad Bench 'A" Hyderabad' 2. The Commissioner of lncome Tax ' (Appeals)-lV' Hyderabad' 3. The Assistant Commissioner of lncome Tax Circle-3(4)' Hyderabad' 4. one CC to SRI B'NARASIMHA SHARMA' SC for lT Dept' [oPUc] 5. One CC to SRI V' SUBRAHMANYAM' Advocate IOPUC]

HIGH COURT DATED:0910812023 JUDGMENT ITTA.No.678 ot 2006 ITTA IS DISMISSED @q* r\F- S T,1I I F o i) :) o 0'j S'tP ?SA (( v i,. {"o 29\c\o I . t .'/ '7:.-/

Recent GST High Court judgments

Search GST case law →