Telangana High Court
Principal Commissioner Of Income ... vs M/S.Sainath Estates P Limited on 17 October, 2023
Bench: P.Sam Koshy, Laxmi Narayana Alishetty
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA
I.T.T.A. No. 343 of 2019
JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)
Heard Ms.B.Sapna Reddy, learned Standing Counsel appearing for
the appellant.
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.03.12.2012 passed by the Income Tax Appellate Tribunal, Hyderabad
Bench 'A', Hyderabad, in I.T.A.No.1255/Hyd/2012 for the Assessment Year
2008-09.
3. 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 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.
4. In the instant appeal, 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
2
would be open to the Income Tax Department 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
________________________
A. LAXMI NARAYANA, J
17.10.2023
aqs 3 THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA I.T.T.A. No. 343 of 2019 (per the Hon'ble Sri Justice P.SAM KOSHY) 17.10. 2023 aqs