Citation : 2022 Latest Caselaw 7113 Tel
Judgement Date : 28 December, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I.T.T.A. No.199 of 2005
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. J.V.Prasad, learned Standing Counsel for
Income Tax Department appearing for the appellant and Mr.
R.V.Easwar, learned Senior Counsel for the respondent.
2. This appeal under Section 260A of the Income Tax
Act, 1961, has been filed against the order dated 26.07.2004
passed by the Income Tax Appellate Tribunal, Hyderabad
Bench 'B', Hyderabad (Tribunal) in I.T.A.No.506/Hyd/1999
for the assessment year 1995-96.
3. Mr. J.V.Prasad, learned Standing counsel fairly
submits that tax effect in this appeal is below the monetary
limit for filing appeal.
4. 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 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
______________________________________ C.V.BHASKAR REDDY, J 28.12.2022 Lur
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!