THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
I.T.T.A.No.341 of 2010
JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)
Heard Mr.A. Rama Krishna Reddy, learned Standing
Counsel for the Income Tax Department, for the appellant and
Mr.G.V.N. Hari, learned counsel for the respondent.
2. This appeal under Section 260A of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dt.17.05.2005 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in ITA.No.88/Hyd/2001 for the Assessment Year 1997-98.
3. Learned Senior Standing Counsel for the Income Tax Department, appearing on behalf of the appellant, contended that the Central Board of Direct Taxes (CBDT) has issued Circular No.17 of 2019 dt.08.08.2019, amending the previous Circular No.3 of 2018 dt.11.07.2018, by further enhancing the monetary limits for filing appeal by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In 2 paragraph 2 of the said Circular, the monetary limit fixed for filing an appeal before the High Court is Rs.1.00 crore.
4. In the instant appeal, the tax effect is well below the monetary limit.
5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.17 of 2019 dt.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 appellant to seek revival of the appeal. No order as to costs.
6. Consequently, miscellaneous petitions pending, if any, shall stand closed.
__________________ P.SAM KOSHY, J ___________________________________ LAXMI NARAYANA ALISHETTY, J Date : 09.10.2023 Ndr