THE PR. COMMISSIONER OF INCOME TAX vs. M/S M. B.M.R. REAL ESTATE PVT. LTD.,
What did the High Court hold?
The High Court allowed the withdrawal of the appeal based on the Department's litigation policy. The policy dictates not to pursue appeals with monetary stakes below Rs. 2 Crores.
What were the facts?
The Income Tax Department filed an appeal before the High Court challenging an ITAT order. The Department later filed a memo to withdraw the appeal.
What were the issues?
The primary issue was the Department's decision to withdraw the appeal based on its internal litigation policy regarding monetary thresholds.
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 honourable SRI JUSTICE G.NARENDAR AND honourable SRI JUSTICE T.C.D.SEKHAR income TAX TRIBUNAI APPfai NO: 502 OF Appeal under Section 260 A the High Court the Order dated (Assessment of the Income Tax Act, 1961 praying that may be pleased to allow the appeal by duly setting aside passed in I.T.A No.385/Vizag/2012 year 2008-2009) by the Income 04-12-2015 Tax Appellate Tribunal Visakhapatnam filed challenging the Order dated passed in Appeai No.314/VJACIT(A)/VJA/1 Commissioner of Income Tax the Order dated 29-12-2010 1961 (Assessment Visakhapatnam Bench 02-05-2012 0-11 by the (Appeals), Vijayawada, which filed against passed U/s. 143(3) of the Income Tax year 2008-2009) by the Deputy Commissioner Income Tax, Circle-1(1),Vijayawada. Act, of Between: The Principal Commissioner of Income Tax, Vijayawada. -Appellant AND M/s.M.B.M.R Ready Estate Penamaluru, Krishna District. Pvt. Ltd., Beside Priya Foods , Poranki, ■■■Respondent
Counsel for the Appellant :Sri Anup Koushik Karavadi (Senior Standing Counsel for Income Tax Department) Couhsel for the Respondent :Sri N V Shravan Kumar The Court made the following:
r 1 HON’BLE SRI JUSTICE G.NARENDAR AND HON’BLE SRI JUSTICE T.C.D. SEKHAR I.T.T.A. No. 502 of 2016 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-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/- P VENKATA RAlVIANA JOINT RE(^STRAR //TRUE COPY// / SECTI OFFICER Visakhapatnam Bench, 2. The Commissioner of Income Tax (Appeals), Vijayawada. 3. The Deputy Commissioner of Income Tax, Circle-1 (1), Vijayawada 4. One CC to Sri Anup Koushik Karavadi, S.C. for Income Tax [OPUC] 5. One CC to Sri N V Shravan Kumar, Advocate [OPUC] 6. Three CD Copies To, 1. The Income Tax Appellate Tribunal Visakhapatnam. BSV sree
HIGH COURT DATED:18/1 1/2024 JUDGMENT ITTA.No.502 of 2016 DISMISSING THE ITTA AS WITHDRAWN WITHOUT COSTS
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