The Commissioner Of Income ... vs M/S. Shriram Chits Pvt. Ltd. ...
2022 Latest Caselaw 7114 Tel

          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                        AND
           THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                          I.T.T.A.No.183 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 (briefly, 'the Act' hereinafter), has been preferred by

the revenue as the appellant against the order

dated 26.07.2004 passed by the Income Tax Appellate

Tribunal, Hyderabad Bench 'B', Hyderabad (Tribunal), in

I.T.A.No.327/Hyd/2001 for the assessment year 1997-98.

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 revenue 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