The Commissionmer Income Taxii vs Kasila Farm Limited
2023 Latest Caselaw 3015 Tel

             THE HONOURABLE SRI JUSTICE P.SAM KOSHY
                                     AND
     THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

                           I.T.T.A.No.341 of 2010

JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)


      Heard Mr.A. Rama Krishna Reddy, learned Standing

Counsel for the Income Tax Department, for the appellant and

Mr.G.V.N. Hari, learned counsel for the respondent.

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

1961, has been preferred by the Revenue as the appellant

against the order dt.17.05.2005 passed by the Income Tax

Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in

ITA.No.88/Hyd/2001 for the Assessment Year 1997-98.

3. Learned Senior Standing Counsel for the Income Tax

Department, appearing on behalf of the appellant, contended

that the Central Board of Direct Taxes (CBDT) has issued

Circular No.17 of 2019 dt.08.08.2019, amending the previous

Circular No.3 of 2018 dt.11.07.2018, by further enhancing the

monetary limits for filing appeal 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, the monetary limit fixed for

filing an appeal before the High Court is Rs.1.00 crore.

4. In the instant appeal, the tax effect is well below the

monetary limit.

5. Therefore, the appeal filed by the Department is dismissed

in terms of the aforesaid Circular No.17 of 2019 dt.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

appellant to seek revival of the appeal. No order as to costs.

6. Consequently, miscellaneous petitions pending, if any,

shall stand closed.

__________________ P.SAM KOSHY, J

___________________________________ LAXMI NARAYANA ALISHETTY, J

Date : 09.10.2023 Ndr