What did the High Court hold?

The High Court allowed the Department to withdraw the appeal based on their revised litigation policy. The policy states that appeals with monetary stakes below Rs. 2 Crores will not be pursued.

The Income Tax Department filed an appeal before the High Court challenging an order passed by the Income Tax Appellate Tribunal. The appeal pertained to the assessment year 2005-2006.

What were the issues?

The primary issue was whether the Department should be allowed to withdraw its appeal due to a change in its litigation policy regarding monetary thresholds.

The Prl. Commissioner of Income… vs Sri L T Prasad, Vijayawada | Andhra Pradesh High Court 2024

3^ IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE EIGHTEENTH DAY OF TWO THOUSAND AND TWENTY FOUR PRESENT honourable SRI JUSTICE G.NARENDAR AT AMARAVATI NOVEMBER AND honourable SRI JUSTICE T.C.D.SEKHAR income tax tribunal appeal no- 231 OF 2017 Appeal under Section 260 A of the Income Tax the High Court may be pleased the Order dated Act, 1961 praying that to allow the appeal by duly setting aside passed in C.O.61/H/2013 in 31-05-2016 No.1167/H/2013 (Assessment I.T.A year 2005-2006) by the Income Tax Appellate Tribunal, Hyderabad Bench Order dated 28-03-2013 B, Hyderabad, filed challenging the passed in ITA No.0309/DC-CC-3/CIT(A)-V/2012 13, by the Commissioner of Income Tax {Appeals)-V, Hyderabad which was fried against the Order dated 21-12-2010 passed U/s.143(3) read with Section 144 of the Income Tax Act, 1961 (Assessment year 2005-2006) by the Assistant Commissioner of Income Tax, Central Circle-3, Hyderabad in PAN/GIR NO.ABHPL3789M. Between: The Principal Commissioner of Income Tax, Vijayawada. -..Appellant AND Lingam Tulasi Prasad Vijayawada. 64-9-2, SBH Complex, Patamatalanka, ...Respondent/

/ Counsel for the Appellant ■Sri Anup Koushik Karavadi (Senior Standing Counsel for Income Tax Department) Counsel for the Respondent The Court made the following; JUDGMENT

1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR I.T.T.A. No. 231 of 2017 JUDGMENT:- (per Hon’ble Sri Justice G.Narendar) 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-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. 1. 2. Submission is placed on record. 3. Accordingly, the Appeal is dismissed as withdrawn. No costs. As a sequel thereto, the miscellaneous petitions, if pending in this Appeal shall stand closed. any. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR //TRUE COPY// SECTj^f4^0^ ICER To, 1. The Income Tax Appellate Tribunal, Hyderabad Bench-B Hyderabad.

The Commissioner of Income Tax (Appeals)-V, 3. The Assistant Commissioner Hyderabad. 4. The Principal Commissioner of Income Tax, Vijayawada. 5. One CC to Sri Anup Koushik Karavadi Advocate 6. Three CD Copies Hyderabad. of Income Tax, Central Circle-3 [OPUC] BSV vna

HIGH COURT DATED:18/11/2024 JUDGMENT ITTA.No.231 of 2017 DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS

THE PRL. COMMISSIONER OF INCOME TAX, VIJAYAWADA vs. SRI L T PRASAD, VIJAYAWADA

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