The Commissioner of INCOME TAX., vs. National Mineral Development Corporation limited

PDF · subscribers
ITTA/88/2019HC TelanganaHBHC01147187201113 December 2021Bench: T.MADHAVI DEVI,UJJAL BHUYAN5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court granted the appellant-Department's request to withdraw the appeal. The withdrawal was based on the appeal falling below the monetary limits prescribed by a Board circular.

What were the facts?

The Income Tax Department filed an appeal before the High Court challenging an ITAT order. The appeal was filed under Section 260A of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the appeal should be allowed to be withdrawn by the Department due to it falling below the monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 260A,Section 143(3)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL NO: 88 OF 2019 Appeal filed under Section 260 A of the Income Tax Act, 1961 praying that the High Court may be pleased to allow the appeal by duly setting aside the Order dated 26-09-2018 passed in I.T.A No.1955/Hyd/2017 (Assessment year 2010-2011) by the Income Tax Appellate Tribunal, Hyderabad Bench-B, Hyderabad, filed challenging the Order dated 25-03-2015 passed in ITA No.66/CIT(A), Knl/2013-14, by the Commissioner of Income Tax (Appeals), Kurnool, which filed against the Order dated 28-03-2013 passed U/s. 143(3) of the IT Act, 1961 (Assessment year 2010-2011) by the Deputy Commissioner of Income Tax, Circle-1, Anantapur. Between: Principal Commissioner of Income Tax, Kurnool Charge, MVP Complex D.No.43-128-3, Prakash Nagar, Kurnool-518001. ...Appellant AND B.C.Pullaiah, Prop;M/s.Vijaya Durga Transport, 13/822-12, Vijayanagar Colony-515411, Tadipatri, Anantapur. [PAN No.AJUPC1057A ...Respondent

Counsel for the Appellant :Sri B Narasimha Sarma (Senior Standing Counsel for Income Tax Department) Counsel for the Respondent :Sri Manmohan Dundu The Court made the following: JUDGMENT

1 THE HON’BLE SRI JUSTICE G.NARENDAR AND THE HON’BLE SRI JUSTICE T.C.D.SEKHAR ITT.A. No.88 of 2019 / JUDGMENT:- (per Hon’ble Sri Justice G.Narendar) The learned counsel for the appellant-Department prays leave of the Court to withdraw the instant appeal, as it falls below the monetary limits (i.e. Rs.2 Crores) fixed by the Board, vide Circular No.09/2024 in F.No.279/Misc./M-74/2024-ITJ, dated 17.09.2024, The learned counsel for the appellant has also filed into Court a copy of the certificate received from the Assistant Commissioner of Income-Tax, Circle-1, Kurnool, which contains instructions to withdraw the appeal for the aforementioned reason. 2) The submission of the learned counsel for the appellant is placed on record. Leave granted. 3) Accordingly, the appeal is dismissed as withdrawn. No order as to costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. /\ ^ Sd/-E. KAMESWARA RAO JOINT REGISTRAR W //TRUE COPY// section OFFICER To, 1. The Income Tax Appellate Tribunal, Hyderabad Bench-B Hyderabad. 2. The Commissioner of Income Tax (Appeals), Kurnool.

4.

One CC to Sri B Narasimha Sarma, Advocate [OPUC' 5. One CC to Sri Manmohan Dundu, Advocate [OPUC] 6. Three CD Copies BSV 4 ns

HIGH COURT BSV DATED:13/12/2024 ano«^ JUDGMENT * 2 2 APR 2025 mi o»} & ITTA.No.SS of 2019 . Current section , DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS

Recent GST High Court judgments

Search GST case law →