THE COMMISSIONER OF INCOME TAX [CENTRAL] HYDERABAD vs. M P B KUTUMBA RAO, HYDERABAD

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ITTA/345/2015HC TelanganaHBHC01032824201528 February 2025Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal filed by the Revenue was not maintainable. This decision was based on CBDT Circular No. 9 of 2024, dated 17.09.2024, which amended Circular No. 5 of 2024, dated 15.03.2024. These circulars enhanced the monetary limits for filing appeals by the Income Tax Department 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 found that the tax effect in the instant appeal was well below this prescribed monetary limit. Consequently, the appeal was dismissed. The Court also noted that if the appeal fell within any exception provided in Circular No. 5 of 2024, the Income Tax Department could seek revival of the appeal. No costs were awarded.

What were the facts?

The Revenue, Commissioner of Income Tax (Central), Hyderabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 19-12-2013 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad 'A' Bench. The appeal pertained to Assessment Year 2005-06 and challenged the ITAT's decision in ITA No. 742/Hyd/2010. The respondent in this appeal was Sri M.P.B. Kutumba Rao. The High Court was hearing this appeal preferred by the Revenue.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable in light of the monetary limits prescribed by the Central Board of Direct Taxes (CBDT) for filing appeals before the High Court? (Question of law, based on CBDT Circulars). Contentions: Assessee: Not recorded in the judgment. Revenue: The Revenue, through its counsel, presented the appeal. The judgment does not record specific arguments made by the Revenue on the merits of the case or against the applicability of the circular.

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 FRIDAY, THE TWENTY EIGHTH 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: 345 ot 2O15 Appeal filed under Section 260,4 of the lncome-Tax Act, 1961. against the order dated 19-12-2013 in l.T.A.No 742lHydl2010 for the Assessment Year 2005-06 passed by the lncome Tax Appellate Tribunal, Hyderabad "A" Bench, Hyderabad. Between: The Commissioner of lncome Tax [Central], Hyderabad. ...Appella nt AND Sri M.P.B Kutumba Rao. B-2-293l82lJ-lll, Plot No.244 Road No.78, Jubilee Hills Hyderabad. ...Respondent Counsel for the Appellant: Ms. Bokaro Reddy, (SC FOR INCOME TAX) Counsel for the Respondent: Mr. A.V.A. Siva Kartikeya The Court delivered the following: JUDGMENT

-.;, THE HON'BLE SRI JUSTTCE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA t I INCOME Tl\X TRIBUNAL APPEAL No.345 OF 2015 JTIDGMENT: t.r rron'bt. sn rl,".trce p.:;am Koshy) Heard Ms.Bokaro Sapna Reddy, learneci Standing Counsel for Income Tax, appearing on behalf of the appeilant. 2. The instant appeal under Section 26O4. of the Income Tax Act, 1961, has been preferrcd by the Revenue as the appellant against the order dated 19.12.2013 passed by the Income Tax Appellate Tribunal, Hyderabad '1{" Bench, Hyderabad, in I.T.A.No.742/Hyd,/2O1O for the Assessment Year 2O05-06. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.O9.2024, amending the previous Circular No.S of 2024 dated 15.O3.2024, by further enhancing the nlonetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supremt: Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we frnd that the monetar5r limit f-rxed for filing an appeal before the High Court is Rs.2.0O crore. I I I I

tr Page 2 of 3 4, In the instant appeal, tax effect is well below the monetary lirnit- 5. Therefore, the appeai hied by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated I7.O9.2O24. However, if the appeal comes within the exception of Circular No.S of 2024 ' 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, sha-ll stand closed. - ^r SDI.K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER The lncome Tax Appellate Tribunal, Hyderabad "A" nch, Hyderabad. One CC to Ms. Bokaro Reddy, (SC FOR INCOME TAX)IOPUC] One CC to Mr. A.V.A. Siva Kartikeya Advocate IOPUCI Two CD Cooies I'S I I To, it K 1 2. a 4. nt,' I +y

HIGH COURT DATED:2810212025 JUDGMENT ITTA.No.345 of 2015 DISMISSING OF THE APPEAL ;:. 'i,.,., '-!l' 24: , 2i5 Di; z * \\ 6 q\ ar

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