THE COMMISSIONER OF INCOME TAX-III vs. M/S.SAKET ENGINEERS PVT LTD
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. The dismissal was based on CBDT Circular No. 9 of 2024, dated 17.09.2024, which amended Circular No. 5 of 2024. These circulars enhance 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. In the instant appeal, the tax effect was found to be well below this monetary limit. The Court held that the appeal is dismissed in terms of the aforesaid Circular No. 9 of 2024. It was also noted that if the appeal falls within any exception of Circular No. 5 of 2024, the Income Tax Department can seek revival of the appeal. No costs were awarded. Miscellaneous applications, if any, were to stand closed.
What were the facts?
The Revenue, the Commissioner of Income Tax-III, Hyderabad, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 19-12-2008 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'A'. The ITAT's order was in relation to ITA No. 915/Hyd/08 for the assessment year 2004-2005. This ITAT order was preferred against an order dated 14-03-2008 passed by the Commissioner of Income Tax (Appeals)-IV, Hyderabad, which in turn was against an assessment order dated 08-12-2006 passed by the Deputy Commissioner of Income Tax, Circle-3(1), Hyderabad. The assessee is M/s. Saket Engineers Pvt Ltd. The appeal is before the High Court for the State of Telangana at Hyderabad.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable in light of the monetary limits for filing appeals as stipulated by CBDT Circular No. 9 of 2024, amending Circular No. 5 of 2024? (Question of law) Contentions: Assessee: Not recorded. Revenue: The Revenue has filed the appeal. The judgment does not record specific arguments from the Revenue regarding the maintainability of the appeal, other than its filing. However, the judgment notes that the tax effect is well below the monetary limit prescribed by the circular.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
13447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 515 OF 2011 Appeal filed under Section 260(,4) of the lncome-Tax Act., 196'1, against the order dated 19-12-2OOB passed in lTA.No. 915/Hyd/08 for the assessment year 2004-2005 on the file of the lncome Tax Appellate Tribunal,Hyderabad Bench 'A' Hyderabad preferred against the Order dated 14-03-2008 passed .in lTA.No' 0409/DC-3(1yClT(A)-lV. /2006-2007 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Assessment Order dated 08-12-2006 passed in PAN/GIR No. AAFCS3079K/SA-43 on the file of the Deputy commissioner of lncome Tax, Circle-3(1), Hyderabad. Between: The Commissioner of lncome Tax-lll, lT Towers, AC Guards, Masab Tank, Hyderabad ...APPELLANT/RESPONDENT AND M/S. Saket Engineers Pvt Ltd, 1-3 1/A, Saket, Kapra, ECIL-, Hyderabad - 500 062 ...RESPONDENT/APPELLANT counsel for the Appellant: Ms. Bokaro sapna Reddy, standing counsel for the lncome Tax Department. Counsel for the Respondent: Sri K' Vasant Kumar The Court delivered the following JUDGMENT:
THE I{ON'BLE SRI JUSTICE P.SAM KOSH'iI AND THE HON'BLE SRI JUSTICE NARSING RAO NANDTKONDA I INCOME'TAX TRIBUNAL APPEAL No.515 0F ito1l JUDGMENT : t:E:r ttan'hte Sn rusrrce t,,so,n Koshs./ Heard Ms.Bokaro Sapna Reddy, learned Stalding Counsel for Income Ta-x, appezr-ing on behalf of the appellant. 2. The inslant e.ppeal under Section 260A of the Income Tax Act, 196 1, has been prr,ferred b1, the Rcyenue as the appellant against the order dated 79.12 too9 passed by the Income Tax Appellrlte Tribunal, Hyderabad '?" Ber.ch, Hyderabad, in I.T.A.No.915liHydl2OO8 for the Assessment Yr:ar 2()04-05. 3. central 8.61d 61 Direct Taxes (cBDT) has issued cir-;urar No.9 of 2024 dated 11'.o9.2024, amending the previous circular l'ro.5 of 2024 dated 15.03.202'.4, l';r,' rurther enhancing the monetary lirLits for firing appeals by the Income Ta-x Department before the rncome Tax Appellate Tribur:.als, High courts and Supreme court as a measure for reducing litigation. In paragraph 2 of the said Circular, ,,ve find that the monerary rirnir 'ixed ror filing an appeal before the H gh Court is Rs.2.O0 crore I
Page 2 of 3 4 In the instant appeal, tax effect is well 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' 17'09'2024' However' if the appeal comes 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. 6. As a sequel, miscellaneous applications pending if any' shall stand closed Sd/. A.V.S.S.C.S:ii|. SARMA J INT REGIS TRAR //TRUE COPY'/ GTION OFFICER To, 1. The lncome Tax Appellate Tribunal Hyderabad Bench 'A' Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lV' Hyderabad 3. The Deputy Commissioner of lncome Tax' Circle-3('l)' Hyderabad' 4. One CC to Ms. Bokaro Sapna Reddy' Standing Counsel for the lncome Tax Department. [OPUC] 5. One CC to Sri K. Vasant Kumar, Advocate [OPUC] 6. Two CD CoPies vHighw I
HIGH COURT DATED: 1310212025 JUDGMENT |TTA.No.S15 ot 2011 DISMISSING ITTA 'r<-_: .i/ 'eo:--:/ \ 0 4 i,t tt lir_ 0vr
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