THE COMMISIONER OF INCOME TAX- III, AAYAKAR BHAVAN,HYDERABAD vs. A.KRISHNA MURTHY

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY INCOME TAX TRIBUNAL APPEAL NO: 85 OF 2006 Appeal Under Section 260 (A) of the lncome Tax Act 1961 against order dated 14-06-2002 in I.T,A. No. 58 / HYd 12002 Asst. Year'1998 -99 on the file of the lncome Tax Appellate Tribunal , Hyderabad Bench-A, Hyderabad preferred agarnst the order dated 31-12-2001 in l.T.A No. 526/ JCSR.3 / CIT (A) -V 12001- 02 on the file of the Commissioner of lncome Tax ( Appeals )-V, Hyderabad preferred against the order of the Joint Commissioner of lncome Tax (Assts ) Special Range, 3, Hyderabad dated 30-03-2001 in PAN / GIR No. K-20'l / Sr.3 . Between: The Commissioner Of lncome Tax- lll, Aayakar Bhavan, Hyderabad. ...APPELLANT AND A.Krishna Murthy, C/o Hyderabad Gas Company, 23, L.B.Stadium, Hyderabad. ...RESPONOENT Counsel for the Appellant: SRI J.V.PRASAD (SC FOR INCOME TAX) Counsel for the Respondent: SRI N.R.SIVA SWAMY The Court made the following: JUDGMENT

THE HON'BLE ?HE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE C.V.BHASXAR REDDY I.T.T.A.No.85 of 20O6 JUDGMENT: (l er the Ilon'ble the Chel .Justice UIal BhuAan) I I Heard Mr. J.V.Prasad. learned Standing Counsel for lncome Tax Dr:parlment appearing for the appellant. 2. This appeal under Section 2604 of the Income Tax Act, 1961 (briefly, 'the Act' hereinafter), has been preferred by the revenue as the appellant against the order dated 74.06.2002 passed by the Income Tax Appeliate Tribunal, Hyderabad Bench 'A', Hyderabad (Tribunal), 111 I.T.A.No.58/ Hyd l2OO2 for the assessment year I99a-99 3. Mr. J.V.Prasad, learned Standing counsel fairly submits that tax e'ffect in this appeal is below the monetary limit for fi1ing appeal. 4. Centrai Board of Direct Taxes (CBDT) has issued Circular No.17 of 2019, dated 08.08.2019, amending the previous Circular No.3 of 2018, dated 11.07.2018, by I I I

further enhancing the monetary limits for hling 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 the said circular we hnd that the monetary limit fixed for filing an appeal before the High Court is Rs. 1.0O crore. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs. //TRUE COPY// SD/. B.S.CHIRANJEEVI JOINT REGISTRAR CjD SECTION OFFICER To, 1. The lncome Tax Appellate Tribunal, Hyderabad Bench "A" Hyderabad 2. The Commissioner of lncome Tax ( Appeals )-V, Hyderabad 3. The Joint Commissioner of lncome Tax ( Assts ) Special Range 3, Hyderabad. 4. one CC to SRI J.V.PRASAD, SC FOR INCOME TAX [OPUC] 5. One CC to SRI N.R.SIVA SWAMY, Advocate [OPUC] 6. Two CD Copies B(K \ 5. Therefore, the appeal filed by the revenue is dismissed in terms of the aforesaid Circular No. 17 of 2019, dated O8.08.2019. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 2018, it would be open to the Income Tax Department to seek revival of the appeal. I I

HIGH COURT DATED:16111t2022 JUDGMENT ITTA.No.85 of 2006 DISMISSING THE ITTA WITHOUT COSTS 1Er _i\ni(, * ., a i- C\t. ,s a -.{, Lr- -:) i,i CI -!. .,\ ll1 ', "' 2e\o'\zj 9se- L \ I