DIRECTOR OF INCOME TAX (EXEMPTIONS) HYDERABAD vs. EXHIBITION SOCIETY

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ITTA/30/2010HC TelanganaHBHC01068302201030 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 dismissal was based on the CBDT Circular No. 9 of 2024, dated 17.09.2024, which enhanced the monetary limits for filing appeals before the High Courts to Rs. 2.00 crore. The Court found that the tax effect in the instant appeal was well below this prescribed limit. The Court stated that if the appeal falls within any exception mentioned in Circular No. 5 of 2024, the Income Tax Department would be at liberty to seek revival of the appeal. No order as to costs was made. The judgment did not decide the merits of the original dispute.

What were the facts?

The Revenue, through the Director of Income Tax (Exemptions), Hyderabad, filed an appeal before the High Court of Telangana at Hyderabad. The appeal was against an order dated 13.10.2007 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'A', in ITA No. 1002/Hyd/05 for the assessment year 2000-2001. The ITAT's order was itself an appeal against the order of the Commissioner of Income Tax (Appeals)-1, Hyderabad, which in turn was against the order of the Assistant Director of Income Tax (Exemptions)-1, Hyderabad. The Exhibition Society, Hyderabad, is the respondent. The appeal was filed under Section 260A of the Income Tax Act, 1961.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the High Court, considering the monetary limits for filing appeals as prescribed by the Central Board of Direct Taxes (CBDT) Circulars. The Revenue argued that the appeal was filed in accordance with the law. The judgment does not record specific arguments from the Revenue regarding the merits of the case. The judgment notes that the tax effect in the instant appeal is well below the monetary limit prescribed by the CBDT Circular No. 9 of 2024 (amending Circular No. 5 of 2024). The judgment does not record any arguments from the Respondent (Exhibition Society).

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

13447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 30 OF 2010 Appeal under Section 260(4) of the Income-Tax Act., 1961, against the order dated. 13.10.2007 passed in lTA.No. 1002lHydl20O5 for the assessment years '1997-98 to 2000-01 on the file of the Court of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated: 27 062005 passed in 1TA No.0088,0087,0085,0084/ADIT(E)-1, Hyd/ClT(A)-1l04- 05 on the file of the Court of the Commissioner of lncome Tax (Appeals)-1, Hyderabad preferred against the Order dated: 31.03.2005 passed in AAATE1345E/E-03 on the file of the Court of the Assistant Director of lncometax(EXEMP)-1, Hyderabad. Between: Director Of lnconle Tax (Exemptions), Hyderabad ..APPELLANT AND Exhibition Society, Exhibition Grounds, M.J.Roacj, Hyderabad. ...RESPONDENT Counsel for the Appellant: Ms. B.SAPNA REDDY rep Sri. J.V.PRASAD Counsel for the Respondent: SRI C P RAMASWAMI The Court delivered the following: JUDGMENT I \

THE HON'BLE SRIJUSTICE P.SAM KOSHY and N ING RAO }{ANDIKONDA I.T.T.A.No .30 of 2010 DGMENT Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, Iearned Senior Standing Counsel for Income Tax Department for the appellant. Perused the record. 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 13.10.2007 passed by the Income Tax r\ppellate Tribunal, Hyderabad Be nch 'A', Hyderabad, in I.T.A.No.1002/Hyd/05 for the Assessment Ycar 2000-2001. 3. Cenual Board of Direct Taxes (CBDT) has issued Circular \ No.9 of 2021 dated 17.09.2024, amending the previous Circular I / No.5 of 2024 darcd 15.03.2024, by further enhancing the monetary limits for filiryl appeals by the Income Tax Departrnent before the Income'fax Appcllate Tribunals, High Courts and Suprcme Court as a measure for reducing litigarion. In paragraph 2 of rhe said Circular, -- -1 7

2 we find that the monetary limit fixed for filing at appeil before the High Court is Rs.2.00 crore. 4 In the instant appeal, tax effect is well below the mofletary 5 Therefore, the appeal filed by the Department is dismissed in \ terrns of the aforesaid Circular No.9 of 2024 dated 17'09'2024' However, if the appeal comes within the exception of Circriar No'5 of 2024, it would be open to the Income Tax Department to seek revival ofthe appeal. There shall be no ordet as to costs' Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. VIJAYA BHASKER J INT REGISTRAR //TRUE COPY// CTION OFFICER 1. 2. 3 4. 5 b. I'tUgh The lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad The Commissionei bf lncome Tax (Appeals)-1, Hyderabad' The Assistant Director of lncometax(EXEMP)-1, Hyderabad One CC to SRl. B NARASIMHA SARIVA, Advocate [OPUC] One CC to SRl. C P RAI/IASWAIV|, Advocate [OPUC] Two CD Copies limit. To u

/ HIGH COURT JUDGMENT ITTA.No.30 of 2010 1HE gI,qt{. F,1,'i.l r.\' - $( 0 3 i{An 2025 i, DATED:3010112025 DISMISSING THE ITTA oo \c .'+

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