THE PRL. COMMISSIONER OF INCOME-TAX, VIJAYAWADA vs. SRI LINGAM TULASI PRASAD, VIJAYAWADA
What did the High Court hold?
The High Court accepted the Department's request to withdraw the appeal. The withdrawal was based on a new litigation policy where appeals with monetary stakes below Rs. 2 Crores are not to be pursued.
What were the facts?
The Income Tax Department filed an appeal before the High Court against an ITAT order. The Department later filed a memo to withdraw the appeal.
What were the issues?
Whether the Income Tax Department can withdraw an appeal based on its internal litigation policy.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY. THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR INCOME TAX TRIBUNAL APPEAL No.298 of 2017 Appeal under Section 260A of Income Tax Act, aggrieved by the order dated 31.05.2016 in C.O.62/H/2013 in I.T.A.No. 1168/H/2013 (Assessment year 2006-07) before the Hon'ble Income Tax Appellate Tribunal, Hyderabad Bench “B”, Hyderabad and preferred against the order of the Commissioner of Income Tax (Appeals)-V, Hyderabad, dated 28.03.2013 in ITA No.0310/DC-CC-3/CIT(A)-V/2012-13 and preferred against the order of the Assistant Commissioner of Income Tax, Central Circle-3, Hyderabad, dated 21.12.2010. Hyderabad PAN/GIR.NO.ABHPL3789M/A.Y.2006-07/ in Between: The Principal Commissioner of Income Tax, Vijayawada. ...APPELLANT/RESPONDENT AND Sri Lingam Tulasi Prasad. 64-9-2, SBH Complex, Patamatalanka Vijayawada. ...RESPONDENT/CROSS OBJECTOR Counsel for the Appellant Counsel for the Respondent : NONE APPEARED The Court made the following JUDGMENT : : SRI J V PRASAD (SC FOR INCOME TAX)
1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR I.T.T.A. No. 298 of 2017 K 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. 2. Submission is placed on record. 3. Accordingly, the Appeal is dismissed as withdrawn. No costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Appeal shall stand closed. SD/- E.KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Income Tax Appellate Tribunal, Hyderabad Bench “B”, Hyderabad
\ 2. The Commissioner of Income 3. The Assistant Commissioner Hyderabad. 4. One CC to Sri J V Prasad (SC for 5. Three CD Copies GLM TAC Tax (Appeals)-V, Hyderabad, of Income Tax, Central Circle-3, Income Tax), Advocate [OPUCJ
HIGH COURT DATED:18/11/2024 JUDGMENT ITTA.No.298 of 2017 DISMISSING THE I.T.T.A. AS WITHDRAWN.
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