THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
I.T.T.A. No.417 of 2018
JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)
Heard learned Counsel for the appellant and 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.12.09.2008 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in ITA.No.517/Hyd/2007 for the assessment year 2002-2003.
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. 2
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 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 ___________________________________ LAXMI NARAYANA ALISHETTY, J 04th Sep, 2023 GSD