THE COMMISSIONER OF INCOME TAX-III, HYDERABAD vs. M/S. SAMKRG PISTONS AND RINGS LIMITED
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. This was done in terms of the CBDT Circular which enhanced the monetary limits for filing appeals to reduce litigation.
What were the facts?
The Revenue filed an appeal before the High Court against an ITAT order. The Standing Counsel for the Revenue conceded that the tax effect in the appeal was below the monetary limit for filing appeals.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the monetary limit prescribed by CBDT circulars for filing appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE N.TUKARAMJI INCOME TAX TRIBUNAL APPEAL NO: 246 OF 2006 lncome Tax Appeal Under Section 260 A of the lncome Tax Act, 1961 aggrieved by the order dated 26-09-2006 in ITA No. 727 / HYd/ 2002 ( Asst. Year 1999-2000) on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench - B, Hyderabad preferred against the order of the Commissioner of lncome Tax ( Appeals ) lV, Hyderabad dated 29-09-2003 in Appeal No. 176lDC- 3 (1) (ClT (A) - lV / 2003 -04 preferred against the order of the Joint Commissioner of lncome Tax ( Assts.) Special Range - 4 , Hyderabad dated 30-03-2001 in PAN / GIR No. S-42. Between: The Commissioner Of lncome Tax- lll , Hyderabad. ...APPELLANT AND M/S. Samkrg Pistons And Rings Limited, 2O1, Divya Sakthi Complex, Ameerpet, Hyderabad. 500038. ...RESPONDENT Counsel for the Appellant: SRl. J.V. PRASAD, Sc for l.T. Department Counsel for the Respondent: SRI B. ADINARAYANA RAO ( not appeared ) The Court delivered the following: Judgment i
THE HON'BLE THE CHTEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE N.TUKARAMJI I.T.T.A.No.246 of 2006 fUDGL4ENT: ()er il,e IIon'bh rhe Chief Jasti,v Uiiat Bhryan) Fleard I\iIr. J.V.Prasad, leamed Standing C-ounsel, Income Tax Depanment appearing for the appellant. 2. This appeal under Section 260A of the Income Tax Act, 196l has been preferred by the revenue as the aPPellant against the order dated 26.09.2005 Passed by the Income Tax Appellate Tribunal, Hyderabad Bench '8" Hyderabad, in I.T.A No.727 /Hyd/2002 for the assessment Trear L999-2000. 3. IVIr. J.V.Prasad, leamed Standing Counsel fairly submia that tar effect in this appeal is below the monetary limit for filing appeal. 4. Gntml Board of Direct Taxes (CBDT) has issued Grcular No.17 of ZOtg,dated 08.08.2019, amending the previous Grcular No.3 of 2018, dated LL.O7.2Ot8, by funher enhancing the monetary limits for filing appeals by the Income Tax Department before the ,I,/
I .. Incotne 1ax Appellate f ribunals, F[gh Courts and Supreme C-ourt as a measure for reducing litigation. In paragraph 2 of the said circular we find that the monerary limit fixed for filing an appeal before the F[gh C.ourt is Rs.1.00 crore. 5. Therefore, the appeal filed by the reventre 'is dismissed in rerrns of the aforesaid Grcular No.17 of 20L9, dated 08.08.2019. However, if the appeal comes within the exception under paragr:aph 10 of Grcular No.3 of 2018, ir would be open to the Income Tax Deparrmenr to seek revival of the appeal. Miscellaneous applications pending, lf any, shall stand closed. However, there shall be no order as to costs. Sd/. M VIJAYA BHASKAR JOINT REGISTRAR /TRUE COPY// R To 1. The tncome Tax Appellate Tribunal, Hyd-erabad Bench - B, Hyderabad 2. The commissioner of tncome Tax ( Appeals ) lv, Hyderabad 3. The Joint Commissioner of tncome Tax ( Assts.) Special Range - 4, Hyderabad 4. One CC to SRl. J.V. PRASAD, SC FOR I.T. DEPARTMENT [OPUC] 5. one CC to SRl. B. ADINARAYANA RAo, Advocate [oPUc] 6. Two CD CoPies kul \}- pr
HIGH COURT DATED:0110212023 JUDGMENT ITTA.No.246 of 2006 DISMISSING THE ITTA WITHOUT COSTS 6'r,. rl;lA 't';: "{ ) (.) 1 5 HI\fl ll:l t' .]l.:.;, 111-; : ''. . ' { n
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