THE COMMISSIONERO F INCOME TAX-IV, vs. M/S LEGEND ESTATES PVT, LTD.,
What did the High Court hold?
The High Court dismissed the appeal based on a CBDT circular that enhanced monetary limits for filing appeals. The tax effect in the instant appeal was below the revised monetary limit.
What were the facts?
The Revenue filed an appeal before the High Court against an Income Tax Appellate Tribunal order. The appeal was filed for the Assessment Year 2006-07.
What were the issues?
Whether the appeal filed by the Revenue is maintainable in light of the enhanced monetary limits prescribed by the CBDT for filing appeals before the High Court.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
t3447 | IN THE HIGH COURT FOR THE AT HYDER, lncome Tax Tribunal Appeal Under Se against the Order dated 20-12-2012 pass, Assessment Year 2006-07 on the file of Hyderabad Bench'A', Hyderabad. i STATE OF TELANGANA ABAD PRESENT THE HONOURABLE SRI .IJSTICE P.SAM KOSHY AND THE HONOURABLE SRTJUSTTCE fensrr'rC RAO NANDTKONDA MONDAY, THE NINTIH DAY OF JUNE TWO THOUSAND ANP TWENry FIVE INCOME TAX TRIBUNAL ACPEAL NO: 91 OF 2014 ;ction 2604 of the lncome Tax Act,1961 pd in ITA No.1265/HYD/2012 for the the lncome Tax Appellate Tribunal, Between : The Commissioner Of lncome Tax-lV, Hyderabad AND M/S Legend Estates PW, Apartments, 6th Floor, Opp Somajiguda, Hyderabad. LTD., D Lance N66 toN -3-1238, Renuka Enclave, Legend ecklace Road, Raj Bhavan Road, ...Appellant ...Respondent Counsel for the Appel!ant(s) Counsel for the Respondents The Court made the following + : Mr.K.Su ar Reddy : Mr. K.Va antkumar : JUDGMENT 1
THE HON'BLE SRI JUSTIC E P.SAM KOSHY AND 'BLE SRI JUSTICE NARSING RAo NANDIKONDA THE HON INCOME TA:( TRIBUNAL APPEAL No.91 0F 2014 JUDGMENT: t)et Hon'bte si Juslice P'so.m Kosha) Heard Mr.K.Sudhar Reddy, learned Standing Counsel for Income Tax, appearing on behalf of the appellant 2. The instant appeal under Section 260A of the Income Tax Act' 1961, has been preferred by the Revenue as the appellant against the order dated 20.12.2012 passed by the Income Tax Appeilate Tribunal' Hyderabad "A" Bench, Hyderabad, in t'T'A'No' 126-clH5'dl2C12 for the Assessment Year 2006-7 . 3. Central Board. of Direct Taxes (CBDT) has issued Circular No'9 of 2024 d.ated 17.Og.2024, amending the previous Circular No 5 of 2024 dated l5.O3.2024, by further enhancing the monetarS" limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals,.High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the saicl Circular' we find that the monetar5r limit fixed for frling an appeal before the High Court is Rs.2.OO crore.
Page 2 f3 4. In the instant appeal, tax e is well below the monetary limit 5. Therefore, the appeal hled by e Revenue is dismissed in terms of the a-foresaid Circular No.9 of 2O 4 dated 17.09.2024. However, if the appeal comes within the excep on of Circular No.S of 2024, it would be open to the lncome Tax epartment to seek revival of the appeal. No costs P I 6. As a sequel, rnis-cr:llaneous a plications perrding if any, shall stand closed SD/- A.V.S.S.C.S.M,SARMA JOINT REGISTRAR //TRUE C PYII SECTION OFFICER To, I d 'l . The lncome Tax Appellate Tribunal. H] 2. One CC to Mr.K.Sudhar ReddY, Advo 3. One CC to Sri K.Vasantkumar, ndvoc] 4. Two CD CoPies h- yderabad Bench'A', HYderabad cate [OPUC] Ete IOPUC] SVS n
HIGH COURT DATED:0910612025 JUDGMENT lTTA.No.91 of 2014 DISMISSING THE ITTA WITH OUT COSTSS ',:. "t 22 lllE 2116 i i ,,'j- .,. ". :'' : l' . ('' =a\ "i,i{. :\ , \\. !.a \ i;> /,'-:. ,rt("b G X@ )
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