Citation : 2023 Latest Caselaw 911 Tel
Judgement Date : 22 February, 2023
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
I.T.T.A.No.387 of 2006
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. B.Sapna Reddy, learned counsel for the appellant
and Mr. A.V.A.Siva Kartikeya, learned 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 26.11.2002 passed
by the Income Tax Appellate Tribunal, Hyderabad Bench 'A',
Hyderabad (Tribunal), in I.T.(SS)A.No.63/Hyd/98 for the block
period 1986-87 to 1995-96.
3. Learned counsel for the appellant 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: 22.02.2023 LUR
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