The Commissioner Of Income ... vs M/S. Samkrg Pistons And Rings ...
2023 Latest Caselaw 523 Tel

          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

AND THE HON'BLE SRI JUSTICE N.TUKARAMJI I.T.T.A.No.237 of 2006 JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

Heard Mr. J.V.Prasad, learned Standing Counsel, Income Tax

Department appearing for the appellant.

2. This appeal under Section 260A of the Income Tax

Act, 1961 has been preferred by the revenue as the appellant

against the order dated 26.09.2005 passed by the Income Tax

Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in I.T.A.

No.726/Hyd/2002 for the assessment year 1998-1999.

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 ::2::

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

________________ N.TUKARAMJI, J Date: 01.02.2023 LUR