THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
I.T.T.A.No.245 of 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. J.V.Prasad, learned Standing Counsel for
Income Tax Department for the appellant.
2. This appeal under Section 260A of the Income Tax
Act, 1961, is directed against the order dated 28.10.2005
passed by the Income Tax Appellate Tribunal, Hyderabad
Bench 'B', Hyderabad, in I.T.A.No.553/Hyd/1999 for the
assessment year 1995-1996.
3. Mr. J.V.Prasad, learned Standing Counsel fairly
submits that the disputed tax in the present appeal is
below the monetary limit prescribed by the Central Board
of Direct Taxes (CBDT).
4. We find that 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
2
11.07.2018
, by further enhancing the 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.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 01.02.2023 vs