The Commisioner Of Income Tax Iii, ... vs A.Krishna Murthy
2022 Latest Caselaw 5948 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                        AND
          THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY


                         I.T.T.A.No.85 of 2006

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.



       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

14.06.2002

passed by the Income Tax Appellate Tribunal,

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

I.T.A.No.58/Hyd/2002 for the assessment year 1998-99.

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 16.11.2022 mrm/kl