THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I.T.T.A. No.165 of 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. J.V.Prasad, learned Standing Counsel, Income
Tax Department for the appellant and Mr. S.Ravi, learned counsel
for the respondent.
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 07.10.2005 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad (Tribunal) in ITA No.543/Hyd/2002 for the assessment year 1998-99.
3. Mr. J.V.Prasad, learned Standing 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 2 HCJ & CVBRJ I.T.T.A.No.165 of 2006 monetary limits for filing appeals by the Income Tax Department 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: 16.11.2022 KL