Commissioner Of Income Tax Ii, vs M/S Kasila Farms Ltd.,
2023 Latest Caselaw 2702 Tel

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

                           I.T.T.A. No.65 of 2007

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 dated

26.04.2006

passed by the Income Tax Appellate Tribunal, Hyderabad

Benches 'B', Hyderabad, in I.T.A.No.899/Hyd/2004 for the Assessment Year

2001-2002.

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 25th 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.65 of 2007 (per the Hon'ble Sri Justice P.SAM KOSHY)

25th September, 2023

AQS/HFM