THE COMMISSIONER OF INCOME TAX IV, HYD. vs. M/S. VEERA LABORATORIES LTD., HYD.
What did the High Court hold?
The High Court held that the appeal filed by the Revenue was dismissed in terms of CBDT Circular No. 9 of 2024 dated 17.09.2024, which amended CBDT 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. The monetary limit for filing an appeal before the High Court was fixed at Rs. 2.00 crore. The court found that the tax effect in the instant appeal was well below this limit. Therefore, the appeal was dismissed. The court also noted that if the appeal came within any exception of the circular, it would be open to the Income Tax Department to seek revival of the appeal. No order as to costs was made. Any pending miscellaneous petitions were also closed.
What were the facts?
The Revenue, Commissioner of Income Tax IV, Hyderabad, filed an appeal under Section 260A(4) of the Income Tax Act, 1961, against an order dated 22.08.2008 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench 'A'. The ITAT's order pertained to the assessment year 1996-1997 and was preferred against an order dated 18.12.2002 by the Commissioner of Income Tax (Appeals)-IV, Hyderabad. This, in turn, was against an assessment order dated 22.03.2002 passed by the Assistant Commissioner of Income Tax, Circle 3(4), Hyderabad. The appeal was filed by the Revenue against M/s. Veera Laboratories Ltd. The High Court noted that the tax effect in the instant appeal was well below the monetary limit for filing appeals.
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, turning on CBDT Circulars). Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The appeal was decided based on a procedural aspect related to monetary limits. Revenue's Contention: The Revenue filed the appeal, but its primary argument was implicitly that the appeal should be heard on merits. However, the High Court's decision was based on the monetary limit stipulated in the CBDT Circular, rendering further arguments on the merits of the case unnecessary for the High Court's disposal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, s High Couns and Supreme Court
13447 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 65OF 2011 Between: The Commissioner of lncome Tax lV, Hyderabad ...APPELLANT AND M/s. Veera Laboratories Ltd., HyD., 5-9-12, Samrat Complex, 1"t Floor, Saifabad, Hyderabad ...RESPONDENT Counsel for the Appellant: Sri J. V. Prasad, Standing Counsel forincome Tax Counsel for the Respondent: The Court delivered the following JUDGMENT: IMONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE Appeal filed under Section 260(4) of the rncome-Tax Act, against the order daled. 22-08-2008 passed in lrA.No. 4o2tHydt2003 for the assessment year .1996- 1997 on the file of the court of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated: 18-12-2002 passed in Appeal.No. 05Ac-394yclr(A)-lvl2o02-03 on the file of the court of the commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Assessment order dated: 22-03- 2002 passed in PAN/GIR No. V-3s on the file of the court of the lncome Tax Department, Assistant Commissioner of lncome Tax, Circle 3(4), Hyderabad.
*-*7 1 I THE HONOURABLB SRIJUSTICB P.SAM KOSHY THE HONOURABLE,S,?,,,., NARSING RAO NANDIKONDA JUDGMENT (1ter lton'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior Standing the record. 1961, has been preferred by the Revenue as the appellant against the order dated 18.07.2008 passed by thc Income I'ax Appellate Tribunal, Hyderabad Bench 'A', llyderabad, 1n l.T.A.No.402r Hy dl 2003 for the Assessment \'-ear 1 99 6-97 . 3. Centlal Board of Direct Taxes (CBDT) has issued Circular No.5 of 2024 dated 15.03.2024, by further enhancing ihe monetarl' limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals" High Couns and Supreme Court \ ITTA No.65 OF 2011 Counsel for the Income Tax Department for the appr:llant. Perused 2. This appeal under Section 260,4' of the Income Tax Act, No.9 of 2024 dated 17.09.2024, amending the prcvious Circular \
To, as a measure for redur:ing litigation. In paragraph 2 of the said Circular, we hnd that the monetary limit fixed fbr flling an appeal before the High Courr is Rs.2.00 crore. 4. In the instant appeal, tax effect is well below the monetary limit. 5. Thelefore, the appeal fited by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. No.5 of 2024, it would be open to the lncome Tax Department to . seek"revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall ptand closed. T REGISTRAR ECTION OFFICER The lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad The Commissioner of lncome Tax (Appeals)-lV, Hyderabad The lncome Tax Department, Assistant Commissioner of !ncome Tax, Circle 3(4), Hyderabad. One CC to Sri J. V. Prasad (SC FOR INCOME TAX) [OPUC] Two CD Copies 1 2 3 4. 5. VII/gh 2 However, if the appeat comes within the exception of Circular Sd/. K. SRINIVASA RAO //TRUE COPY// t I i I I I I w
HIGH COURT ORDER ITTA.No.65 ot 2011 oa1 HE STA re: C e) o,' $' I I D1.)^|)i:.i f-O 1\ DATED: 1010212025 DISMISSING THE ITTA I i i i l l @ 2 1 ftAR 2025
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