Commissioner of Income Tax vs. M/s.GMR Holdings Pvt Ltd
What did the High Court hold?
The High Court held that the appeal filed by the Revenue is dismissed based on the monetary limits prescribed by CBDT Circular No.9 of 2024, dated 17.09.2024, which amended Circular No.5 of 2024. The circular sets the monetary limit for filing appeals before the High Court at Rs.2.00 crore. The judgment explicitly states that the tax effect in the instant appeal is well below this monetary limit. Therefore, the appeal is dismissed on this procedural ground. The court also noted that if the appeal falls within any exceptions mentioned in Circular No.5 of 2024, the Income Tax Department can seek revival of the appeal. No order as to costs was made. The operative direction is the dismissal of the appeal.
What were the facts?
This is an Income Tax Tribunal Appeal filed by the Commissioner of Income Tax, Bangalore-I (the Revenue) against an order dated 11-07-2008 passed by the Income Tax Appellate Tribunal, Hyderabad 'B' Bench. The appeal pertains to Assessment Year 2002-03. The order under challenge was passed by the ITAT in ITA.No.209/Hyd/2006, which was preferred against an order dated 12-01-2006 by the Commissioner of Income Tax (Appeals)-IV, Hyderabad. The original order was passed by the Deputy Commissioner of Income Tax Central Circle-3, Hyderabad. The respondent is M/s.GtvlR Holdings Pvt Ltd. The appeal was heard by the High Court of Telangana at Hyderabad.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable before the High Court, considering the monetary limits prescribed by the Central Board of Direct Taxes (CBDT) for filing appeals. The Revenue, represented by Ms. B. Sapna Reddy, Junior Standing Counsel, appeared and argued the matter. The Respondent, M/s.GtvlR Holdings Pvt Ltd, did not appear. The Revenue's contention is implicitly that the appeal should be heard on merits. The judgment does not record any specific arguments from the respondent as they did not appear.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
13447l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TENTH 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 ITTA No: 238 of 2010 lncome Tax Tribunal Appeal under Section 2604 of the lncome Tax Act, 1961 against the Order dated 11-07-2008 passed in lTA.No.209/Hyd/2006 for the Assessment Year 2002-03 on the file of the lncome Tax Appellate Tribunal, Hyderabad 'B' Bench, Hyderabad, preferred against the Order dated 12-01-2006 passed in Appeal No.96/CC-3/C IT(A)-|V/05-06 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad, preferred against the Order dated 28-03-2005 passed in PAN/GIR No.V210lCC-3 on the file of the Deputy Commissioner of lncome Tax Central Circle-3, Hyderabad. Between: Commissioner of lncome Tax, Bangalore-l Central Revenue Building, Queens Road, Bangalore - 560 001 . (Present authority with Jurisdiction over the matter) ...Appellant AND M/s.GtvlR Holdings Pvt Ltd, O/o.6-3-866/'1G2, Greenlands, Begumpet, Hyderabad - 16. AND Presently 2511 , Skip House, Museum Road, Bangalore - 560 025 ...Respondent Counsel for the Appellant: Ms.B. Sapna Reddy, Junior Standing Counsel . representing Mr. J.V. Prasad, Senior Counsel for lT Department Counsel for the Respondent: .None Appeared The Court delivered the following: JUDGMENT ,l
7 THE HONOURABLE SRI JUSTICE P.SA}T KOSHY AND THE HC)NOTIRABLE SRIJUSTICE NARSTNG RAO NANDIKONDA ITTA No.238 OF 2010 ruDGMENI';. (per Hon'hle Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for tlre lncome Tax Department for the appellant. Perused the recold 2. This appeal under Section 260,4. of the Income Tax Act, 1961, has heen preferred by the Revenue as the appellant against the order dated 11.07.2008 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Flyderabad, ln I.T.A.No.209/HydI2006 for the Assessment Year 2O(t2-03. 3. Central Iloard ol'Direct Taxes (CBDT) has issued Circular I No.9 of 20221 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeais by the Income Tax Departnrent before the I I Income Tax ,\ppellate Tribunals, High Courts and Supreme Court
2 To, 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.2.00 crore. 4. In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Deparlment is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. However, if the appeal comes within the exception of Circular No.5 of 2024, it would be open to the Income Tax Department to seek revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/. K. SRINIVASA RAO T REGISTRAR //TRUE COPY// ECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad 'B' Bench, Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad 3. The Deputy Commissioner of Income Tax Central Circle-3, Hyderabad 4. One CC Mr. J.V. Prasad, Senior Counsel for lT Department[OPuC] 5. Two CD Copies .kam@*
HIGH COURT DATED:10102,t2025 JUDGMENT ITTA.No.238 of 2010 DISMISSING OF THE APPEAL r 1 J' ..\. {. \l: .,i r- ,l :J foo lI+ nPn ztzt .l t OEsPArcl ,,{ ar\ a I
Recent GST High Court judgments
Search GST case law →- M/S Jack And Jill vs. The Union Of INDIA And OrsGauhati · 5 Nov 2026
- Ms Akher Ali vs. The Union Of INDIAGauhati · 5 Nov 2026
- Paonta Hp Centre vs. State Of Hp And OthersHimachal Pradesh · 5 Nov 2026
- M/S Multitech Agro INDIA (Opc) PVT LTD vs. The State Of KarnatakaKarnataka · 5 Nov 2026
- Gopa Satya Madhava Subbarao vs. The State Of Andhra PradeshAndhra Pradesh · 5 Nov 2026