Prl. Commissioner Of Income Tax vs M/S. Sathvahana Ispat Limited
2023 Latest Caselaw 1996 Tel

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

                          I.T.T.A. No.417 of 2018

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


      Heard learned Counsel for the appellant and 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.12.09.2008 passed by the Income Tax

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

ITA.No.517/Hyd/2007 for the assessment year 2002-2003.

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 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

04th Sep, 2023 GSD