The Commissioner Of Income ... vs M/S Venkateswara Hatcheries ...

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                    AND

       THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                        I.T.T.A. No.239 of 2006


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Ms. Sapna Reddy, learned counsel representing on

behalf of Mr. J.V.Prasad, learned Standing Counsel, Income Tax

Department for the appellant.


      2.     This appeal has been preferred by the Revenue as the

appellant under Section 260A of the Income Tax Act, 1961 (briefly

referred to hereinafter as the 'Act'), assailing the legality and

validity of the order dated 26.10.2005 passed by the Income Tax

Appellate Tribunal, Hyderabad Bench 'B', Hyderabad (Tribunal) in

ITA No.341/Hyd/2002 for the assessment year 1998-99.


      3. Ms. Sapna Reddy, learned counsel fairly submits that tax

effect in this appeal is below the monetary limit for filing appeal.


      4.     Central Board of Direct Taxes (CBDT) has issued

Circular No.17 of 2019, dated 08.08.2019, amending the previous

Circular No.3 of 2018, dated 11.07.2018, by further enhancing the

monetary limits for filing appeals by the Income Tax Department
                                   2                         HCJ & CVBRJ
                                                   I.T.T.A.No.239 of 2006




before the Income Tax Appellate Tribunals, High Courts and

Supreme Court as a measure for reducing litigation. In paragraph

2 of the said circular we find that the monetary limit fixed for filing

an appeal before the High Court is Rs.1.00 crore.


      5.    Therefore, the appeal filed by the Department is

dismissed in terms of the aforesaid Circular No.17 of 2019, dated

08.08.2019

. However, if the appeal comes within the exception under paragraph 10 of Circular No.3 of 2018, it would be open to the Income Tax Department to seek revival of the appeal. No costs.

6. Miscellaneous applications pending, if any, in this appeal shall stand closed.

__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 14.12.2022 KL