Commissioner of Income Tax, Rajahmundry vs. M/s. Jonnala Venkateswara Rao & Others
What did the High Court hold?
The Department filed a memo stating their litigation policy, which mandates not initiating appeals where monetary stakes are less than Rs. 2 Crores. Based on this policy, the Department sought to withdraw the appeal.
What were the facts?
The Income Tax Department filed an appeal before the High Court challenging an ITAT order. The appeal was filed against an order passed by the Commissioner of Income Tax (Appeals) which was against an order passed by the Income Tax Officer.
What were the issues?
The primary issue was the Department's decision to withdraw the appeal based on their revised litigation policy regarding monetary thresholds for appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
.X IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE G.NARENDAR AND HONOURABLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL NO: 142 OF 2012 Appeal 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 24-03-2010 passed in I.T.A No.512/Vizag/2004 (Assessment year 2001-2002) by the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam filed challenging the Order dated 16-06-2004 passed in ITA No.91/W-2,KKD/CIT(A),RJY/2004-2005 by the Commissioner of Income Tax (Appeals), Rajahmundry, which filed against the Order dated 31-03-2004 passed U/s.143(3) of the Income Tax Act, 1961 (Assessment year 2001-2002) by the Income Tax Officer, Ward-2, Kakinada. Between: Commissioner of Income Tax, Rajahmundry. ...Petitioner AND M/s.Jonnala Venkateswara Rao & Others, Yedidha Road, Mandapeta East Godavari District. ...Respondent
Counsel for the Appellant :Sri Anup Koushik Karavadi (Senior Standing Counsel for Income Tax Department) Counsel for the Respondent :Sri A V A Siva Kartikeya The Court made the following:JUDGMENT
1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR IT T A.No.142 of 2012 JUDGMENT:- (per Hon’ble Sri Justice G.Narendar) learned counsel for the Appellant-Department has filed of the circular No.09/2024 in 1. The a memo into Court, including a copy F.No.279/Misc./M-74/2024-lTJ, 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 the monetary stakes involved are less than Rs.2 Crores and hence, he prays leave of the Court to withdraw Petitions, where the Appeal. Submission is placed on record. Accordingly, the Appeal is dismissed as withdrawn. No 2. 3. costs. sequel thereto, the miscellaneous petitions, if any, pending in this Appeal shall stand closed. As a SD/- P. VENKATA RAMANA JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, Tribunal, Visakhapatnam Bench, 1. The Income Tax Appellate Visakhapatnam. 2. The Commissioner of Income Tax (Appeals), Rajahmundry. Tax Officer, Wafd-2, Kakinada. Thp Income
< 4. One CC to Sri Anup Koushik Karavadi SCforIT [OPUC] CC to Sri A V A Siva Kartikeya, Advocate [OPUC] /y / /■ 5. One / // i! 6. Three CD Copies BSV
HIGH COURT BSV DATED:18/11/2024 ^^TbFANOf^ ^ 28 MAY 2025 Cufiem * JUDGMENT ITTA.No.142 of 2012 DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS
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