THE COMMISSIONER OF INCOME TAX vs. SRI METTAM PENCHALA NAIDU
What did the High Court hold?
The Tribunal permitted the Income Tax Department to withdraw the appeal. Liberty was granted to file an application for restoration if the subject matter falls within the exceptions of the CBDT circular.
What were the facts?
The Income Tax Department filed an appeal before the ITAT. The tax effect in the appeal was below Rs. 50,00,000/-. The Department sought permission to withdraw the appeal based on a CBDT circular.
What were the issues?
Whether the Income Tax Department can withdraw an appeal based on a CBDT circular regarding tax effect thresholds.
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HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
I.T.T.A.No.585 of 2012 JUDGMENT: {Per Hon’ble Sri Justice Ramesh Ranganathan}
Ms. M.Kiranmayee, learned Senior Standing Counsel for Income Tax, would submit that, in terms of CBDT Circular No.3 of 2018 dated 11.07.2018, all appeals, where the tax effect is below Rs.50,00,000/-, are required to be withdrawn and, as the value of the present appeal is less than Rs.50,00,000/-, the appellant may be permitted to withdraw the appeal. Learned counsel would further submit that liberty may be granted, in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in the aforesaid Circular issued by the Central Board, to file an application for restoration of the appeal.
Granting liberty as sought for, the appeal is dismissed as withdrawn. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
__________________________ (RAMESH RANGANATHAN, J)
____________________________ (KONGARA VIJAYA LAKSHMI, J) 18th September, 2018 JSU
HON’BLE SRI JUSTICE RAMESH RANGANATHAN AND HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
I.T.T.A.No.585 of 2012
Date: 18.09.2018 JSU
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