COMMISSIONER OF INCOME TAX-III vs. M/S. SRI KRISHNA PHARMACEUTICALS LTD.,
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. The Court noted that the appeal was filed against the order of the Income Tax Appellate Tribunal for Assessment Year 2006-07. The Court referred to CBDT Circular No. 9 of 2024 dated 17.09.2024, which amended previous circulars and enhanced the monetary limits for filing appeals by the Income Tax Department before Appellate Tribunals, High Courts, and Supreme Court to reduce litigation. The circular specifies that the monetary limit for filing an appeal before the High Court is Rs. 2.00 crore. The Court observed that the tax effect in the present appeal was well below this monetary limit. Therefore, the appeal was dismissed in terms of the aforesaid Circular No. 9 of 2024. The judgment also stated that if the appeal falls within the exception of Circular No. 9 of 2024, it would be open to the Income Tax Department to seek revival of the appeal.
What were the facts?
The Revenue, Commissioner of Income Tax-III, Hyderabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 08.11.2010 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B'. The appeal pertained to Assessment Year 2006-07 and was preferred against an order of the Commissioner of Income Tax (Appeals)-IV, Hyderabad, which in turn was against an order of the Deputy Commissioner of Income Tax, Circle-3(2), Hyderabad. The assessee is M/s. Sri Krishna Pharmaceuticals Limited. The appeal was filed against the order of the ITAT for AY 2006-07.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable in light of the monetary limits prescribed by the CBDT circulars for filing appeals before the High Court. The Revenue contended that the appeal was filed before the issuance of the latest CBDT Circular No. 9 of 2024 dated 17.09.2024, which amended the previous circulars. The Revenue argued that the monetary limit for filing an appeal before the High Court is Rs. 2.00 crore. The judgment does not record any specific arguments from the assessee regarding this issue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
134471 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No: 135 of 2012 Appeal filed under Section 260(4) of the lncome-Tax Act., 1961, against the order dated 08-11-2010 passed in ITA No666/Hyd/2009 for the assessment year 2006-2007 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'B' Hyderabad preferred against the Order dated 13-03-2009 passed in Appeal No 226l DC-3(2)C IT(A)-lV//2008-09 on the file of the Commissjoner of lncome Tax (Appeals)- lV Hyderabad preferred against the Order dated 05-12-2008 passed in PAN/GIR No AADCS 4053 Pl S-1'19 on the file of the Deputy Commissioner of Income Tax, C ircle-3(2). H yd e ra bad. Betvveen: Commissioner of lncome Tax-lll, lT Towers. A.C. Guards, Hyderabad ...Appellant AND M/s. Sri Krishna Pharmaceuticals Hyderabad. Limited, C-4, lndustrial Area, Uppal, ... Respondent Counsel for the Appellant: Ms. Bokaro Sapna Reddy, Standing counsel for lncome Tax Counsel for the Respondent: Sri Challa Gunaranjan The Court delivered the following:JUDGMENT
THE HON'BLE SRI JUSTICE P.SI' AND THE HON'BLE SRI JUSTICE NARSING }1.1t.r-) I "l\)-t;Xol\li)A INCOME TA>( TRIBUNAL APPEAL N,:. 3: :'rr ilcl? JUDGMENT: ber Hon'bte sn rustice P.sam Koshy) Heard Ms.Bokaro Sapna Reddy, Iearned Standing Counsel for Income Tax, appearing on behalf of the appellant. 2. The instant appeal under Section 260A ol' ttre lirct;mi: Ta-x Act, 1961, has been preferred by the Revenue as thr:. ar,..l,r llari asairlst tl-re order dated 08.11.2010 passed by the Income T;x .'\r,pr)i..r. 'l ;'rbi;;riil. Hyderabad "8" Bench, Hl,derabacl, in I.T.A.N,, r . :' Assessment Year 2006-07 . 3. Central Board of Direct Taxes (CBDT) has '''. ' ' , :: ', I'. .'-r r'l 2024 dated 17.O9.2024, amending the previor,r; rllii r:l'ir' 'ic.:i oi Ji)"2.t dated 15.03.2024, by further enhancing the n1{':-,.' ;' ri;- :'- :i .;111-,3 appeals by the Income Tax Department br' r - I . Appellate Tribunals, High Courts and Supreme C:ourt as a n-ica:;urer for reducing litigation. In paragraph 2 of the said t-)iri:,rl:r:', ,,r,c flnd i.hat the monetaqr limit fixed for filing an appeal before the tligl-i Court is Rs.2.00 crore.
Page 2 of 3 .t irl ril, tt.lx effect is r,r.ell bc.low the monetary limit. 5. 'i'lr, r', r ., . L, r ,,r,tr:ltl filc-d by the Revenue is dismissed in terms of ihrr rli.)ii."-iri.l aljr-.rlLrr No.9 of 2024 dated 17.09.2024. However, if Lhc irplre:il i,r;n.:s ..",iihin the exception of Circular No.S of 2024, it would be opei: lo the Income Tax Department to seek revival of the appeal. No cosi:s- 6. As a scquci. rrriscellaneous applications pending if any, shall star4 <'i,lse,. Sd/- K. SRINIVASA RAO o T REGISTRAR ,TRUE COPY// ECTION OFFICER To, k.rnt rlt Fr 1 The lncome Tax Appellate Tribunal Hyderabad Bench 'B' Hyderabad' Z rne Commissionei of lncome Tax (Appeals)-lV' Hyderabad' : ff.r" O"prty Commissioner of lncome Tax' Circle-3(2)' Hyderabad' 4. One CC to lt/s Bot<aro Sapna Reddy, Standing counsel for lncome Tax [oPUc] s 5ne Ci to Sn Challa GLrnaranjan Advocate IOPUC] 6 Two CD CoPies
HIGH COURT DATED:1710212025 JUDGMENT ITTA.No.135 of 2012 DISMISSING OF THE APPEAL * 2 c) I { 03 npn Zffi (, I, r:41611€O a"f*"[ Yr- -, <\aa5 I )
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