Principal Commissioner Of Income ... vs M/S.Sainath Estates P Limited
2023 Latest Caselaw 3281 Tel

                 THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                     AND
            THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA

                          I.T.T.A. No. 343 of 2019

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


      Heard Ms.B.Sapna Reddy, learned Standing Counsel 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

dt.03.12.2012 passed by the Income Tax Appellate Tribunal, Hyderabad

Bench 'A', Hyderabad, in I.T.A.No.1255/Hyd/2012 for the Assessment Year

2008-09.


3.    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 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.


4.    In the instant appeal, 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
                                     2



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




                                               ________________________
                                                 A. LAXMI NARAYANA, J
17.10.2023

aqs

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA

I.T.T.A. No. 343 of 2019

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

17.10. 2023

aqs