Director Of Income Tax Exemptions vs Exhibition Society
2023 Latest Caselaw 3016 Tel

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

                            I.T.T.A.No.573 of 2006

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


      Heard Mr. A. Radha Krishna, learned Senior Standing

Counsel for the Income Tax Department, for the appellant and

Mr. C.P. Ramaswami, 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.31.03.2005 passed by the Income Tax

Appellate Tribunal, Hyderabad Bench 'A', Hyderabad, in

ITA.No.871/Hyd/2004 for the assessment year 2001-02.

3. Learned Senior Standing Counsel for 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

Income Tax Department 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