THE COMMISSIONER OF INCOME TAX 1, HYDERABAD vs. M/S. ALKALI METALS LTD., HYDERABAD
What did the High Court hold?
The High Court held that the appeal filed by the Revenue is dismissed in terms of CBDT Circular No. 9 of 2024 dated 17.09.2024. The reasoning was that the tax effect in the instant appeal was well below the monetary limit of Rs. 2.00 crore fixed for filing appeals before the High Court. The Court also stated that if the appeal came within the exception of Circular No. 5 of 2024, it would be open to the Income Tax Department to seek revival of the appeal. No costs were awarded. The operative direction was the dismissal of the appeal.
What were the facts?
This is an appeal filed by the Commissioner of Income Tax-1, Hyderabad (Revenue) against the order dated 23.04.2007 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'A', for the assessment year 2002-2003. The ITAT's order was preferred against the order dated 18.02.2005 passed by the Commissioner of Income Tax (Appeals)-II, Hyderabad, which in turn was against the assessment order dated 31.12.2004 passed by the Deputy Commissioner of Income Tax, Circle-1(1), Hyderabad. The respondent is M/s. Alkali Metals Ltd. The appeal is filed under Section 260A of the Income Tax Act, 1961. The High Court noted that the tax effect in the instant appeal is well below the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) for filing appeals.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable before the High Court, given the monetary limits prescribed by CBDT Circulars for filing appeals. Contentions: Assessee: The judgment does not record any specific contentions made by the assessee. However, the appeal was dismissed based on the tax effect being below the monetary limit. Revenue: The Revenue filed the appeal under Section 260A of the Income Tax Act, 1961. The High Court considered CBDT Circular No. 9 of 2024 dated 17.09.2024 (amending Circular No. 5 of 2024 dated 15.03.2024) which enhanced the monetary limits for filing appeals. The Revenue's appeal was found to be below the prescribed limit of Rs. 2.00 crore for appeals before the High Court.
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 THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO:286 OF 2011 Appeal fired under section 260(4) of the rncome-Tax Act., 196.r, against the order dated. 23 -o4.2007 passed in rrA.No. 479lHydt2o05 1or the assessment year 2002-2003 on the fire of the rncome Tax Appeilate Tribunar, Bench ,A,, Hyderabad preferred against the order dated: 1a.o2.2oos passed in lrA.No. 0273lGtr(A)-il/04_ 05 for the Assessment year 2002-2003 on the fire of the commissioner of lncome Tax (Appeals)-ll, Hyderabad preferred against the Assessment order dated: 31.12.2004 passed in PAN/ctR No. A-91/AABCAZ3)2B on the fite of the Deputy Commissioner of lncome Tax, Circle-.l(1), Hyderabad. Between: The Commissioner of lncome Tax 1, Hyderabad ...APPELLANT AND M/s. Alkali Metals Ltd., Ptot No. B-5, Block ilt, IDA Uppat, Hyderabad ...RESPONDENT Counsel for the Appellant: Ms. Bokaro Sapna Reddy, Standing Counsel for lncome Tax Counsel for the Respondents: Sri A. V. Raghu Ram The Court delivered the following JUDGMENT:
,/ THE HON'BLE SRI JUSTIC E P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDI4qNpA INCOME TAX TRIBUNAL APPEAL No.286 OF 2011 JUDGMENT'. ber ltat 'bie sri Justice P.Sc.m Kosha) Heard Ms.Bo}<aro Sapna Reddy, learned Standing Counsel for Income Tax, appearing on behalf of the appellant. 2. The instart ,appeal under Section 260A of the Incc,me Tax Act, 196 1, has been preferred by the Revenue as the appellan- against the order dated 23.O4.2,OO7 passed by the Income Tax Appell'r.te Tribunal, Hyderabad '4" Bench, Hyderabad, in I.T.A.No.479lHyd/2OO5 for the / Assessment Year 2C)O2'O3. 3. Central Boarl of Direct Taxes (CBDT) has issued Cirr:ular No.9 of 2024 dated 17.O9.2024, amending the previous Circular '{o.5 of 2024 dated 15.03.2024, cy further enhancing the monetary linrits for filing appeals by the lncome Ta-x Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation In paragraph 2 of th'e said Circular, u.e frnd that the monetary limit fi-xed for filing an appeai before the High Court ts I t Rs.2.0O crore. I
Page Z of3 mrscellaneous applications Pending if any, shall sd/- A.V.s.s.c.s,M. SARMA //TRUE COPYII JO NT REGISTRAR E TION OFFICER A'Hyderabad bad Hyderabad. el for lncome Tax Dept n 4. In the instant appeal, tax effect is well jrelow the monetary Iimit. 5' Therefore' the appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated77.O9.2024. However, if the appeal comes within the exception of Circular No.S of 2024, it would be open to the Income Tax Departmer appeal. No costs. -*' u.'Pe..tment to seek revival of the 6. As a sequel, stand closed. \\ To, i,giirum*#ir#il*,fm,N,+irx ! 9n"CitoSri A v.r vHlh iffi # 3;l"l v' Rashu Ram' Advocate toPUCl w a--- t I
HIGH COURT DATED: 1310212025 JUDGMENT ITTA.No.286 ot 2011 DISMISSING ITTA EQ^ '1 1:) ,) s o \\ \\\ :i -G' gb
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