Commissioner of Wealth Tax-VI vs. Nb.Muktaruddin

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WTA/10/2008HC TelanganaHBHC01056217200813 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 primary reason for dismissal was the monetary limit for filing appeals before the High Court, as enhanced by CBDT Circular No. 9 of 2024 (dated 17.09.2024), which amended Circular No. 5 of 2024 (dated 15.03.2024). The circular fixed the monetary limit for filing an appeal before the High Court at Rs. 2.00 crore. The judgment explicitly states that the tax effect in the instant appeal was well below this monetary limit. The Court noted that if the appeal fell within any exceptions provided in Circular No. 5 of 2024, the Income Tax Department could seek revival of the appeal. No costs were awarded. Miscellaneous applications, if any, were also closed.

What were the facts?

The Revenue, Commissioner of Wealth Tax-VI, Hyderabad, filed an appeal before the High Court of Telangana at Hyderabad against an order dated 21.11.2002 passed by the Income Tax Appellate Tribunal (ITAT), Hyderabad Bench "A". The ITAT's order was in relation to Wealth Tax Appeal No. 245/Hyd/1997 for the Assessment Year 1990-91. The appeal was filed under Section 27(A) of the Wealth Tax Act, 1957. The respondent in the appeal is Mr. Muktaruddin, Hyderabad. The tax effect in the instant appeal was stated to be well below the monetary limit prescribed for filing appeals.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the High Court given the monetary limits prescribed by the CBDT circulars. Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The appeal was dismissed based on the CBDT circulars. Revenue's Contention: The Revenue filed the appeal. The judgment does not record specific arguments made by the Revenue regarding the merits of the case. However, the appeal was filed against the ITAT's order. The dismissal was based on the tax effect being below the monetary limit set by CBDT Circular No. 9 of 2024, which amended Circular No. 5 of 2024.

Which sections of the Income-tax Act were involved?

27(A)

AI-generated summary — verify with the full judgment below

I 13447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WEALTH TAX APPEAL NO: 10 OF 2008 Appeal under Section 27 (A) of the Wealth Tax Act, 1957 arising out of the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench "A" Hyderabad made in W.T.A.No- 245lHydh997 daled 21-11-2002 preferred against the Order of the Deputy Commissioner of lncome tax Circle - 9(1), Hyderabad in PAN/GIR.No.lt/-742 Dated 1 1-02-1 997. Between: Commissioner of Wealth Tax-Vl, Hyderabad. ...APPELLANT AND Nb.Muktaruddin, Hyderabad. ...RESPONDENT Counsel for the Appellant : Ms. Bokaro Sapna Reddy, Sc for lncome Tax Counsel for the Respondents: _ _ _ The Court deliveredd the following: Judgment

THE HC,N'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BI,E SRI JUSTICE NARSING RAO NANDII(ONDA WIDALTH TAX APPEAL No. 10 OF 2OO8 JUDGMENT'. (1t. t I:t tt)r( sri rustlce P.sc:m Koshlr) Heard Ms.Br1.:iLro Sapna Reddy, learned Standir-r11 (lounsel for Income Ta-x, apperrr rrg on behalf of the appellant 2. The instant rp1>eal under 27(A) of the Wealth Tax I'ct, 1957, has been preferreci b' t re Revenue as the appellant agains.. the order dated 2 1. ) 1 .2O0 , l,assed by the Income Tax Appel1at,: Tribunal, \ ,r Hyderabad "A" Benr;r. Hyderabad, in W.T.A.No.245/H1c1 11997 for the Assessment Year ic)!'0-9 I 3. Central Boalcl of Direct Ta-xe s (CBDT) has issued Circ,rlar No.9 of 2024 dated 17 092C21 , amending the previous Cir,:ulzLl Nr.5 of 2024 dated I5.O3.2O2,1 ir',' further enhancing the monetarl. Im.ts for filing appeals by ti-ie In c ome Tax Department before the I rrcome Tax Appeilate Tribun:r s, High Courts and Supreme Court as a rneasure for reducing litigatior Ir paragraph 2 of the said Cirt:u1ar. v'e find that the monetary Lmir l:xed lor filing an appeal before the llii3h Court is Rs.2.O0 crore

Page 2 of 3 4. In the instalt 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.O9.2O24. However, if the appeal comes within the exception of Circular No. 5 ol 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/.K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// I secrrJr.f orrrcen To, 1 The lncome Tax Appellate Tribunal, Hyderabad Bench ,,A,, Hyderabad 2- Deputy Commissioner of lncome tax Circle - 9(1), Hyderabad ? 9"" 99 to Ms. Bokaro Sapna Reddy, Sc for tncome Tax [OpUC] 4. Two CD Copies ADK/DL {

, HIGH COIJF:T DATED:1 ,31C1212025 JUDGMEI!T WTA.No.10 of 2008 WITHOUTCOSTS l i ''" 'tii'"' ^lr .s \= $ ts\ I I DISMISSII\Ci THE ITTA 4 6I !

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