COMMISSIONER OF INCOME TAX-III vs. M/S. VISU INTERNATIONAL LTD.,

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ITTA/514/2011HC TelanganaHBHC01070261201117 February 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 Central Board of Direct Taxes (CBDT) Circular No. 9 of 2024, dated 17.09.2024, which amended Circular No. 5 of 2024, dated 15.03.2024. These circulars enhance the monetary limits for filing appeals by the Income Tax Department to reduce litigation. Specifically, paragraph 2 of Circular No. 9 of 2024 sets the monetary limit for filing an appeal before the High Court at Rs. 2.00 crore. The judgment notes that the tax effect in the instant appeal was well below this prescribed monetary limit. Therefore, the appeal was dismissed in terms of the circular. The court also stated that if the appeal falls within an exception of Circular No. 5 of 2024, the Income Tax Department could 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-III, Hyderabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 15.07.2011 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'A'. This order was in relation to ITA No. 696/Hyd/2011 for the assessment year 2006-2007. The ITAT's order was preferred against an order dated 28.03.2011 passed by the Commissioner of Income Tax-III, Hyderabad, which in turn was against an order dated 31.12.2008 passed by the Deputy Commissioner of Income Tax Circle-3(3), Hyderabad. The respondent assessee is M/s. Visu International Limited. The appeal was heard by the High Court for the State 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 CBDT Circulars for filing appeals. The Revenue, represented by Ms. Bokaro Sapna Reddy, Standing Counsel for Income Tax, appeared. The Respondent, M/s. Visu International Limited, did not appear. The Revenue's contention, implied by their filing of the appeal, is that the matter warrants consideration by the High Court. However, the judgment focuses on the applicability of CBDT circulars regarding monetary limits. The judgment does not record any specific arguments from the Revenue regarding the merits of the ITAT's order, nor does it record any arguments from the Respondent.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

.\f, 13447 ) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD It MONDAY, THE SEVENTEENTH 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: 514 of 2011 Between: . Commissioner of lncome Tax-lll, lT Towers, A.C. Guards, Hyderabad. ...Appellant AND M/s. Visu lnternational Limited, 104-106, Lumbini Enclave, Opp: NIMS Hospital Punjagutta, Hyderabad-S0O 082. ...Respondent Counsel forthe Appellant: Ms. Bokaro Sapna Reddy, Standing Counsel for lncome Tax Codnsel for the Respondent: None Appeared The Court delivered the following: JUDGMENT r' I Appeal filed under Section 260(4) of the lncome-Tax Act., 1 961 , against the order dated 15-07-2011 passed in lTA.No.696/Hyd 12011 for the assessment year 2006-2007 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'A' Hyderabad preferred against the Order dated 28-03-2011 passed in lTA.No. {. ., 263/Cll-llll2010-1-1 on the file of the Commissioner of lncome Tax-lll, Hyderabad preferred against the Order dated 31-12-2008 passed in PAN/GlR No. AABCV1S0OA /-359 on the file of the Deputy Commissioner of lncome Tax Circle- . 3(3), Hyderabad.

THE HON'BLE SRI JUSTICE P.SAM KOSH\" THE HON'BLE SRI JUSTICE NARSING RAO I{AND]XONDA INCOMI' TAX TRIBUNAL APPEAL No.514 OF 2:O11 JUDGMENT: lFr Ilon'blo S.i Justice P.S,m KoshA) Heard Ms.Bokaro Sapna Reddy, learned Standing Counscl for Income Tax, appearing on behalf of the appellant. 2. The instant appeal under Section 260A ol the Income Tax Act, 1961, has been preferred try the Revenue as thc eippella rt ir.gainst the order dated 15.O7 .2Ol1 passed by the Income Tax Appellate 'l'ribunal, Hyderabad '1\" Bench, Hyderabad, in I.T.A.No.696/Hydl20ll for the Assessment Year 2006-2007. 3. Central Board of Direct Taxes (CBDT) has issuecl CLrcular No.9 of 2024 dated 17.O9.2024, amending the previous Circul;rt No.5 of 2024 dated 15.03.2024, by further enhancing the ironetarv limits for filing appeals by the Income Tax Department before tht inc.me Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of ttre said Circula.r'. we find rhat the monetary limit fixed for frling an appeal belore the l-Iigh Court is Rs.2.OO crore. AND {I r''

\ Page 2 of 3 4. In the instzrnt appeal, tax effect is weli below the monetary 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 within the exception of Circular No.5 of 2024, it would bc open to the Income Tax Department to seek revival of the appeal. No costs. d As a sequel, miscellaneous applications pending if any, shall sta.nd close d. Sd/- A.V,S.S.C.S.M. SARMA JOINT REGISTRAR //TRUE COPY// S CTION OFFICER To, . kanr/gh '1 . The lncome Tax Appellate Tribunal Hyderabad Bench ,A' Hyderabad. 2. The Commissioner of lncome Tax-lll, Hyderabad. 3. The Deputy Commissioner of lncome Tax Circle_3(3), Hyderabad. 4. one cc to Ms. Bokaro sapna Reddy, Standing counser for rncome Tax loPUCl 5. Two CD Copies o r'

\ I HIGH COURT" DATED:17102.12025 :. JUDGMENT ITTA.No.514 of 2011 DISMISSING OF THE APPEAI- I ?7I1AllM l.s lat t T s At€ 2 o i / .\,r h

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