The Commissioner Of Income Tax vs Sri Kantipudi Saradi
2023 Latest Caselaw 1976 AP

           HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
                             AND
           HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

               Income Tax Tribunal Appeal No.388 of 2006

JUDGMENT: (Per UDPR, J)

       When     the    matter   is   taken   up    for   hearing    today,

Smt M. Kiranmayee, learned standing counsel for Income Tax Department

appearing for the appellant, by referring to Circular No.17 of 2019, dated

08.08.2019

, of the Central Board of Direct Taxes (CBDT), would submit

that all the appeals where the tax effect is below Rs.1,00,00,000/- (Rupees

One Crore only) are required to be withdrawn and as in the present

appeal also the tax effect being less than Rs.1,00,00,000/-, the appeal may

be permitted to be withdrawn.

Learned Standing Counsel further prayed that liberty may be

granted in case it were to be found later that the subject matter of the

appeal falls within the exceptions mentioned in Circular No.3 of 2018,

dated 11.07.2018, issued by the CBDT, then to file an application for

restoration of the appeal.

Learned Standing Counsel placed on record a copy of the judgment

dated 20.02.2020 in ITTA.No.185 of 2016 to submit that in similar case by

referring Circular No.17 of 2019, the said appeal was permitted to be

withdrawn.

Having regard to the above submissions of learned Standing

Counsel and on a perusal of the copy of the judgment in ITTA.No.185 of

2016, dated 20.02.2020, permission is accorded to withdraw the appeal.

The appeal is, accordingly, dismissed as withdrawn with the

liberty as afore-stated. No costs.

As a sequel, interlocutory applications pending, if any, in this case

shall stand closed.

__________________________ U. DURGA PRASAD RAO, J

__________________________ T. MALLIKARJUNA RAO, J 17.04.2023 Vjl/NKA HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND HON'BLE SRI JUSTICE T. MALLIKARJUNA RAO

ITTA.No.388 of 2006

17.04.2023

Vjl/NKA