What did the High Court hold?

The High Court allowed the withdrawal of the appeal. The Department cited its litigation policy, which mandates not to initiate appeals where the monetary stakes are less than Rs. 2 Crores.

The Income Tax Department filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was preferred against orders of the Commissioner of Income Tax and the Assistant Commissioner of Income-Tax.

What were the issues?

The primary issue was the Department's decision to withdraw the appeal based on its litigation policy regarding monetary thresholds.

CIT vs Vishnu Builders | Andhra Pradesh High Court 2024

t r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIFTEENTH 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.209 of 2012 Appeal under Section 260 A of Income Tax Act, aggrieved by the order dated 27.07.2011 in I.T.A.No.178A/izag/2011 (Assessment year 2005-06) before the Hon'ble Income Tax Appellate Tribunal, Visakhapatnam Bench, at Visakhapatnam and preferred against the order of the Commissioner of Income Tax (Central), 7*^ Floor, Aaykar Bhavan, Basheerbagh, Hyderabad, F.No.CIT(C)/263/3/2010-11 and preferred against the order of the Assistant Commissioner of Income-Tax, Central Circle, Vijayawada in GIR.No.V-320/PAN:AACFV8153B/A.Y.2005-06/ACIT/ Vijayawada, dated 28.11.2008. dated 25.03.2011 bearing Between: The Commissioner of Income Tax, Vijayawada. ...APPELLANT AND Vishnu Builders, # 47-27-94A, Tonia Towers, 0pp. Nirmala Convent, Patamata, Vijayawada. ...RESPONDENT Counsel for the Appellant TAX) Counsel for the Respondent : SRI K VASANT KUMAR The Court made the following JUDGMENT : : SRK Y N VIVEKANANDA (SC FOR INCOME

1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR /■ . INCOME TAX TRIBUNAL APPEAL No. 209 of 2012 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 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 Accordingly, the Appeal is dismissed as withdrawn.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 any, pending in this Appeal shall stand closed SD/- E.KAMESWARA RAO JOINT REGISTRAR (^N^FICER //TRUE COPY// SECTl To Income Tax Appellate Tribunal, Visakhapatnam Bench, at 1. The Visakhapatnam of Income Tax (Central), 7'" Floor, Aaykar 2. The Commissioner Bhavan, Basheerbagh, Hyderabad.

The Assistant Commissioner of Income-Tax, Central Circle, Vijayawada. 4. One CC to Sri Y.N.Vivekananda, (SC for Income Tax) Advocate [OPUC] 5. One CC to Sri K Vasant Kumar, Advocate [OPUC] 6. Three CD Copies TK TAC r

▲ HIGH COURT DATED:15/11/2024 JUDGMENT ITTA.No.209 of 2012 ANDH^ ■•s 2 7 MAR 2025 X . Current Ssetion DISMISSING THE ITTA AS WITHDRAWN

Commissioner of Income Tax, vs. Vishnu Builders,

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