THE PR.COMMISSIONER OF INCOME-TAX, VIJAYAWADA vs. M/S.MY GURU ONLINE LTD., VIJAYAWADA
What did the High Court hold?
The High Court allowed the Department to withdraw the appeal. This decision was based on the Department's litigation policy which mandates not to pursue appeals with monetary stakes below Rs. 2 Crores.
What were the facts?
The Income Tax Department filed an appeal before the High Court challenging an order of the Income Tax Appellate Tribunal. The appeal was against an assessment order for the year 2008-2009.
What were the issues?
The primary issue was the Department's decision to withdraw the appeal based on its internal litigation policy regarding monetary thresholds.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
■* '} 'V. IN THE HIGH COURT OF ANDHRA PRADESH MONDAY. THE EIGHTEENTH DAY OF TWO THOUSAND AND TWENTY FOUR AT AMARAVATI NOVEMBER PRESENT honourable SRI JUSTICE G.NARENDAR AND HONOURABLE SRI JUSTICE T.C.D.SEKHAR income tax tribunal APPFAI mo- 555 OF 2015 Appeal under Section 260 A of the Income the High Court the Order dated (Assessment Tax Act, 1961 praying that appeal by duly setting aside IT. A No.470A/izag/2013 may be pleased to allow the 15-04-2015 passed in year 2008-2009) by the Income Tax Appellate Tribunal, 25 03 2(1n W fed challenging the Order dated ea 2 0 dooTh ^ year 2008-2009) by the Commissioner Visakhapatnam Bench, of Income Tax, Vijayawada 27-12-2010 passed U/s.143(3) of year 2008-2009) by the Income Tax in PAN/GIR No. AACCM9663Q which was filed against the Order dated Income Tax Act, 1961 (Assessment Officer, Ward-2(1), Vijayawada I “ the Between: The Principal Commissioner of Income Tax, Vijayawada. -Appellant AND D.No.64-9-2, SBH Compound, Patamata M/s. My Guru Online Ltd., Lanka, Vijayawada. ...Respondent
'V Counsel for the Appellant ■Sri Anup Koushik Karavadi (Senior Standing Counsel for Income Department) Tax Counsel for the Respondent The Court made the following:
f;- 1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR I.T.T.A. No. 555 of 2015 JUDGMENT:- (per Hon’ble Sri Justice G.Narendar) The learned counsel for the Appellant-Department has filed 1. a memo into Court, including a copy of the circular No.09/2024 in F.No.279/Misc./M-74/2024-ITJ, dated 17.09.2024, whereby, the Appellant-Department has formulated a litigation policy and under the said policy, it has been resolved not to initiate any Appeals or Petitions, where the monetary stakes involved are less than Rs.2 Crores and hence, he prays leave of the Court to withdraw the Appeal. Submission is placed on record. 3.» Accordingly, theTAppeal is dismissed as withdrawn. No 2 costs. As a sequel thereto, the miscellaneous petitions, if any pending in this Appeal shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Income Tax Appellate Tribunal, Visakhapatnam Bench Visakhapatnam. The Commissioner of Income Tax, Vijayawada. The Income Tax Officer, Ward-2(1), Vijayawada. One CC to Sri Anup Koushik Karavadi, Advocate [OPUC] Three CD Copies 2. 3. 4. 5. BSV
HIGH COURT . DATED:18/11/2024 JUDGMENT ITTA.No.555 of 2015 X 2 I MAY 2025 | Current aecuon ^ > 11 DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS
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