THE COMMISSIONER OF INCOME TAX-III, HYDERABAD vs. M/S. SIGACHI LABORATORIES LIMITED

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ITTA/165/2006HC TelanganaHBHC01030966200616 November 2022Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal. The dismissal was based on the fact that the tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals before the High Court.

What were the facts?

The Income Tax Department filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was filed for the assessment year 1998-1999.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the monetary limit for appeals stipulated by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

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: 165 OF 2006 Appeal Under Section 260Aof the lncome Tax Act, 1961 against the order dated 07-10-2005 in ITA No. 543 lHydl 2002 ( Asst. Year'1998 -1999 )on the file of lncome Tax Appellate Tribunal, Bench-A Hyderabad preferred against the order daled 11-O2-2002 in Appeal No. 411 / JC SR 4 I CIT (A) / 2001 -02 on the file of the Commissioner of lncome Tax ( Appeal ) lV Hyderabad preferred against the order Joint Commissioner of lncome Tax ( Assts) Special Range -4, Hyderabad ,dated29-11-2000 in PAN/GIR No. S-167 Between: The Commissioner of lncome Tax- lll Hyderabad ...APPELLANT AND M/S. Sigachi Laboratories Limited, 402 & 403, Raghava Ratna Towers, Chiragali Lane, Hyderabad. ...RESPONDENT Counsel for the Appellant: SRl. J. V. PRASAD Sr. SC FOR INCOME TAX OEPARTMENT Counsel forthe Respondent: SRI S. RAVI The Court made the following: JUDGMENT I

AND THE HON BLI' SRI JUSTICE C.V.BHASKAR HEIIDY I.T.T.A. No.165 of 2OO6 JUDGMENT: (Per the Llon'ble tle Chief Justice Ujjal Bturyan) Heard Mr. J-V.Prasad, learned Standing Ccu rsc'I, Income Tax Department lor the appellant and Mr. S.Ravi, l,:errnr:d counsel for the responder rt 2. This rppeal has been preferred by the Ilevenue as the appellant under lection 260A of the Income Tax Act, 1961 (briefly referred to here inafter as the ActJ, assailing tht: lellality and validity of the order dated 07.10.2005 passed by tt'Lt lrrcome Tax Appellate Tribun al, I{yderabad Bench A', Hyderabari (Tribunal) in ITA No.543/Hyd'2OO2 for the assessment year 19!)13-')9. 3. Mr. J.V Prasad, learned Standing Counsr'l frrirly submits that ta,x effect in this appeal is below the monetarl lmit for filing appeal. 4 . Centr al lf oard of Direct Taxes (CRI)'I) h as issued Circular No.17 o'2019, dated 08.08.2019, amendirrc the previous \ Circular No.3 of 20 18, dated ll.O7.2Ol8, by further enh:encing the THE HON' lLE THE CHIEF JUSTICE UJJAT, TI;{UYAN 1

HCJ & CVBRJ I.T.T.A.No.165 of 2006 monetary limits lor 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 the said circular we lind that the moneta-ry limit lixed for Iiling an appeal before the High Court is Rs.1.OO crore. 5. Therefore, the appeal filed b-y the Department 1S dismissed in terms ol the a-foresaid Circular No.17 of 20 19, dated 08.08.2019. However, il 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, if any, in this sdi-8.s. CHIRANJE JOINT REGIST R ITTRUE COPY// SECTION OFFICER 2 il*,,*=:;.*:3, jli:F,fj;;iHl",.ssi j}!+f:{"_"" : S'"l%ttf;'' .,-u' '*'oo' sr' sc FoR rNcoME rAx' [oPucl a. O"" "" to SRI' S' RAVI Advocate [OPUCI 6. Two CD CoPies w appeal shall stand closed. __ I

I \ HIGH COI'RT DATED:1{ '11112022 JUDGMEI T lTTA.No.1 i5 of 2006 DISMISS- NG THB ITTA WITHOU I C]OSTS ,,1 E tr':! E:i tr\r .:) cr: E:' *:=:S / \J Fo \l! () 'I 1- L.\ f-..{ ar- 8o ry I c"tr* fr*

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