THE PR. COMMISSIONER OF INCOME-TAX vs. M/S JOCIL LIMITED
What did the High Court hold?
The High Court granted permission to the Income Tax Department to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.
What were the facts?
The Income Tax Department filed an appeal before the High Court. The department sought to withdraw the appeal as the tax effect involved was below the monetary limits prescribed for filing appeals.
What were the issues?
The primary issue was whether the department should be allowed to withdraw its appeal due to the tax effect being below the monetary limit.
AI-generated summary — verify with the full judgment below
APHC010763772017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA INCOME TAX TRIBUNAL APPEAL NO: 35/2018 Between: 1. THE PR. COMMISSIONER OF INCOME-TAX, GUNTUR
...APPELLANT AND 1. M/S JOCIL LIMITED, Dokiparru,Narsaraopet Road, Guntur District
...RESPONDENT Appeal under section _______ against ordersto set aside the order of the Income-Tax Appellate Tribunal,Viskhapatnam Bench,Visakhapatnam,in ITA.No. 71/Vizag/2016,dated 28-04-2017,for A.Y.2011-12 IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To condone the delay of 130 days in representing the ITTA and to pass IA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of certified copy of the order of the Income Tax Appellate Tribunal orde in ITA.No. 71/Vizag/2016,dated 28-04-2017,and to pass Counsel for the Appellant: 1. ELEVATED AS JUDGE Counsel for the Respondent: 1. ELEVATED AS JUDGE The Court made the following:
THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
INCOME TAX TRIBUNAL APPEAL NO.35 of 2018 JUDGMENT:(Per Hon’ble Sri Justice Battu Devanand)
Learned counsel for the appellant has placed a copy of the certificate issued by the Deputy Commissioner of Income Tax, Circle-1(1), Guntur, wherein it is stated that the appeal filed by the department in I.T.T.A.No.35 of 2018 is to be withdrawn, in view of the tax effect involved in the case is Rs.21,81,034/-, which is below monetary limits. Accordingly, learned counsel sought permission of the Court to withdraw this appeal.
Copy of the certificate is placed on record. Permission is granted.
Accordingly, the Income Tax Tribunal Appeal is dismissed as withdrawn. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
__________________________ JUSTICE BATTU DEVANAND
__________________________________ JUSTICE A. HARI HARANADHA SARMA Date:21.08.2025 SCS
257
THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA
INCOME TAX TRIBUNAL APPEAL NO.35 of 2018
Dt.21.08.2025 SCS
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