The Commissioner of Income Tax-III, vs. Sri Krishna Drugs Ltd.,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY INCOME TAX TRIBUNAL APPEAL NO: 170 OF 2006 Appeal Under Section 260- A of the Income Tax Act, 1961 against the order of the lncome Tax Appellate Tribunal, Hyderabad Bench "A" Hyderabad in ITA No. 542 lHyd l2OO2 daled 13-10-2005 for Assessment Year 1998-99 preferred against the order of the Commissioner of lncome Tax (Appeals )-lV, Hyderabad inAppeal No.372 /JCSR -4lClT (A) lV/ 01-02 dated 13-03-2002 preferred against the order of the Joint Commissioner of lncome Tax ( Assts ) Special Range -4, Hyderabad dated 13-12-1999 in Pan / GIR No. S-125. Between: The Commissioner of lncome Tax-lll, Hyderabad. AND Sri Krishna Drugs Ltd., C-4, lndustrialArea, Uppal, Hyderabad - 500 039. Counsel for the Appellant: SRl. J V PRASAD (Sr. SC FOR INCOME TAX) Counsel for the Respondent: SRI A.V.A. SIVA KARTIKEYA, represented for SRI A. V. KRISHNA KOUNDINYA The Court delivered the following: Judgment ...APPELLANT ...RESPONDENT

THE HON'BLE THE CHIEF JUSTICE UJJAL BHIIYAN AND THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY I.T.T.A. No.17O of 20O6 JUDGMENT: (Per the Horr'ble the Chtef Justice Ujjal Bhugan) Heard Mr. J.V.Prasad, learned Standing Counsel, Income Tax Department for the appellant and Mr. A.V.A.Siva Kartikeya, learned counsel representing Mr. A.V.Krishna Koundinya, learned counsel for the respondent. 2. This appeal has been preferred by the Revenue as the appellant under Section 260A of the Income Tax Act, 196 I (briefly referred to hereinafter as the Act), assailing the legality and validit-l' of the orcler dated 13.10.2005 passed by the Income Ta-r Appellate Tribunal, Hvderabad Bench A', Hyderabad (Tribunal) ir.r ITA No.542lHydl'2OO2 for the assessment year 1998-99 3. Mr. J.V.Prasad, learned Standing Counsel fairly submits that ta-x eflect in :his appeal is below the monetary limit for filing appeal 4. Central Board of Direct Taxes (CBDT) has issued Circular No. l7 ol 2O19, dated 08.08.2019, amending the previous

HG] & CVBRJ I.T.T.A.No.17O of 2OO6 Circular No.3 of 2O 18, dated 11.O7 .2018, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of ti:,e said circular we find that the monetary limit fixed for filing an appeal before the High Court is Rs.1.OO crore 5. Therefore, the appeal filed by the Department 1S dismissed in terms of the aforesaid Circular No.17 of 2019, dated 08.O8.2O19. However, if the appeal comes within the exception under paragraph 1O of Circular No.3 of 2018, it would be open to the Income Tax Department to seek revival of the appeal. No costs. 6. Miscellaneous applications pending, il an.y, in this appeal shall stand closed. /ffRUE COPY// Sd/. K. SRINIVAS RAO JOINT REGISTRAR /t '- ! u-' SECTION OFFICER To l. The lncome Tax Appellate Tribunal, Hyderabad Bench "A" Hyderabad 2. The Commissioner of lncome Tax (Appeal) lV, Hyderabad 3. The Joint commissioner of lncome Tax ( Assts ) special Range -4, Hyderabad 4.onecctoSRl.JVPRASAD(ST.SCFoRINCoMETAX)Advocate[oPUC] 5. One CC to SRl. A. V. KRISHNA KOUNDINYA Advocate [OPUC] 6, Two CD Copies vH A)-- 2

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