COMMISSIONER OF IT,HYD vs. Ms.Four Soft Ltd,

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ITTA/274/2012HC TelanganaHBHC01005236201230 January 2025Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the Revenue. The primary reason for dismissal was the monetary limit for filing appeals before the High Court, which was fixed at Rs.2.00 crore as per paragraph 2 of CBDT Circular No.9 of 2024 dated 17.09.2024. The tax effect in the present appeal was found to be well below this prescribed monetary limit. The Court held that the appeal was not maintainable based on this circular. However, the Court also noted that if the appeal falls within any exception provided in Circular No.5 of 2024, it would be open for the Income Tax Department to seek revival of the appeal. No costs were awarded. Any pending miscellaneous applications were also disposed of.

What were the facts?

The Revenue, Commissioner of Income Tax-1, Hyderabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 26.09.2008 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'B'. The ITAT's order was in relation to ITA.No.1178/Hyd/2006 for Assessment Year 2002-2003. This appeal was preferred against an order dated 19.08.2004 by the Commissioner of Income Tax (Appeals)-II, Hyderabad, which in turn was against an order dated 26.03.2004 by the Assistant Commissioner of Income Tax, Circle 1(3), Hyderabad. The respondent in this appeal is M/s Four Soft Ltd.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the monetary limits for filing appeals prescribed by the Central Board of Direct Taxes (CBDT) Circular No.9 of 2024 dated 17.09.2024. Assessee's Contention: The judgment does not record any specific contention from the assessee regarding the merits of the case. The entire appeal was decided based on the CBDT circular. Revenue's Contention: The Revenue, as the appellant, presented the appeal. The judgment does not record specific arguments made by the Revenue on the merits of the case. The Revenue's participation was limited to the hearing where the appeal was dismissed based on the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 1 THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P,SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA lncome Tax Tribunal Appeal under Section 2604 of the lncome Tax Act, 1961 against the Order dated 26-09-2008 passed in lTA.No.1178/Hyd/2006 for the Assessment Year 2003-2004 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, preferred against the Order dated 19-08-2004 passed in ITA No. 0124lCI(A)-lll04-05 on the file of the Commissioner of lncome Tax (Appeals)-ll, Hyderabad, preferred against the Order dated 26-03-2004 passed in PAN/GIR tto.i-tZZ on the file of the Assistant Commissioner of lncome Tax, Circle 1(3), Hyderabad. Between: The Commissioner of lncome Tax-1, Hyderabad AND [\4s Four Soft Ltd, 5Q'1/A3, V Floor, Cyber Towers, Hitech City, [\/adhapur, Hyderabad Counsel for the Appellant ...Respondent :Sri J V Prasad Senior Standing Counsel for lncome Tax Department : Sri K VasantKumar Counsel for the Respondent The Court delivered the following Judgment : i I / i '\ INCOME TAX TRIBUNAL APPEAL NO: 274 OF 2012 ...Appella nt I I i I I I I

THE I{ON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOMETAX TRIBUNAL APPEAL No.274 OF 2Ol2 JUDGMENT'. ber HL)n btt -(:rr ./usrice PSom troshv/ Heard Mr. J.\i. Prasad, learned Senior Stalding Counsel for Income Tax, appearing on behalf of the appellant. 2. The instalt appeal under Section 260A ol the Inr:ome Tax Act, 1961, has been preferred by the Revenue as the appellant against the . \ .' order dated 26.O9.2008 passed by t1're Income Tax Appellate Tribunal, Hyderabad "8" Bench, Hyderabad, in I.T.A.No.llTBlHydl06 for the Assessment Year 2llO2-03 3. Central Boarcl of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.O9.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, b1, further enhancing the monetar5z 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 fiting an appeal before the High Court is Rs.2.0O crore. / I

T Page 2 of 3 4, In the instalt appeal, tax effect is well below the monctary limit. 5. Therefore, the appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.O9.2O24. However, if the appeal comes u,ithin the exception of Circular No.S of 2O24, it would be open to the Income Tax Department to seek revival of the appeal. No costs. 6. As a sequel, miscellaneous applications pending if any, sha1l stand closcrl Sd/- A.V.S.S.C' S.M. SARMA OINT REGISTRAR ,TRUE COPY/i SECTION OFFICER q'. ri To, 1. 2 .) 4 The lncome Tax Appellate Tribunal' Hyderabad Bench'8" Hyderabad The Commissioner of lncome Tax (Appeals)-ll' Hyderabad The Assistant Commissioner of lncome Tax' Circle 1(3)' Hyderabad ";" "" to Sri J V Prasad' Senior Standing Counsel for lncome Tax Department [OPUC] One CC to Sri K Vasant Kumar Advocate [OPUC] Two CD CoPies 5 6 VAJghw f I I

HIGH COURT DATED:3010112025 JUDGMENT ITTA.No.274 af2012 DISMISSING THE APPEAL q, .os"L c': &M STA [PR sPA'i \{g s OE I 1 ,t 1 i il6fr r€

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