The Commissioner Of Income Ta V vs Shri Ghanshyam Pamnani
2023 Latest Caselaw 2071 Tel

                 THE HON'BLE SRI JUSTICE P.SAM KOSHY

AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA

I.T.T.A. No. 769 of 2017

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

Heard Sri J.V.Prasad, learned Senior 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.31.08.2007 passed by the Income Tax Appellate Tribunal, Hyderabad

Bench 'B', Hyderabad, in I.T.A.No.57/Hyd/2003 for the Assessment years

1988-1998.

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

________________________ A. LAXMI NARAYANA, J 6th September, 2023 Aqs/hfm

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

I.T.T.A. No. 769 of 2017 (per the Hon'ble Sri Justice P.SAM KOSHY)

6th September August, 2023

Aqs/hfm