The Pr. Commissioner Of Income Tax2 vs Sri Venkatesh Granites Pvt. Ltd.,
2024 Latest Caselaw 979 Tel

Telangana High Court

The Pr. Commissioner Of Income Tax2 vs Sri Venkatesh Granites Pvt. Ltd., on 6 March, 2024

Author: P.Sam Koshy

Bench: P.Sam Koshy, N.Tukaramji

         THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                   AND
        THE HON'BLE SRI JUSTICE N.TUKARAMJI

                      I.T.T.A.No.173 of 2022

JUDGMENT:

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

Heard Ms. Sunitha, learned counsel representing

Mr. A.Radha Krishna, learned Senior Standing Counsel for

Income Tax Department/appellant and Mr. P.Soma Shekar

Reddy, 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 dated 25.08.2021 passed by the Income Tax

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

ITA.Nos.1250/Hyd/18 for the assessment year 2014-2015.

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. Consequently, miscellaneous petitions pending, if

any, shall stand closed.

__________________ P.SAM KOSHY, J

___________________ N. TUKARAMJI, J

Date: 06.03.2024 GSD/MMR