THE COMMISSIONER OF INCOME TAX vs. VISHNU BUILDERS
What did the High Court hold?
The High Court allowed the Department's request to withdraw the appeal. This 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 challenging an order of the Income Tax Appellate Tribunal. The appeal was against an assessment year 2008-2009. The Department sought to withdraw the appeal.
What were the issues?
The primary issue was the Department's decision to withdraw the appeal based on its revised litigation policy regarding monetary thresholds.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
'.S' 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: 113 OF 2015 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 07-03-2014 passed in I.T.A No.98/Vizag/2012 (Assessment year 2008-2009) by the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam filed challenging the Order dated 11-01-2012 passed in Appeal No.146/VJA/CIT(A)/11-12 by the Commissioner Income Tax (Appeals), Vijayawada, which filed against the Order dated 20-09-2010 passed U/s. 143(3) of the Income Tax Act, 1961 (Assessment year 2008-2009) by the Deputy Commissioner of Income Tax, Central Circle, Vijayawada. of Between: The Commissioner of Income Tax, Vijayawada. ...Appellant AND Vishnu Builders, 47-27-94A, Tonia Towers, Opp.Nirmala Convent Patamata, Vijayawada. ...Respondent
\ Counsel for the Appellant :Sri Anup Koushik Karavadi (Senior Standing Counsel for Income Tax Department) i' \ t I Counsel for the Respondent ;Sri K Vasantkumar The Court made the following;JUDGMENT
1 1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR I.T.T.A. Nn lljof 2015 JUDGMENT:- (per Hon’ble Sri Justice G.Narendar) 1. The learned counsel for the Appellant-Department has filed a memo into Court, including a copy of the circular No.09/2024 in 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 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/-P. VENKATA RAMAN A JOINT REGISTRAR //true copy// SECTION^*^'CER To Tax Appellate Tribunal, Visakhapatnam Bench, 1. The Income Visakhapatnam. 2. The Commissioner of Income Tax (Appeals), Vijayawada. 3. The Deputy Commissioner of Income Tax, Central Circle, Vijayawada.
One CC to Sri Anup Koushik Karavadi SC for IT [OPUC] 5. One CC to Sri K Vasantkumar, 6. Three CD Copies Advocate [OPUC] BSV ns
nr'' I HIGH COURT BSV DATED:18/11/2024 2 7 MAY 2025 ^ , Curreni aecwon . ^ ^s^gSPATCW^S-^ JUDGMENT ITTA.No.113 of 2015 DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS
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