COMMISSIONER OF INCOME TAX-III vs. SINGULARITY SOFTWARE (INDIA) PVT LTD

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ITTA/207/2015HC TelanganaHBHC01019350201503 April 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 monetary limits for filing appeals as per CBDT Circular No. 9 of 2024.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order for AY 2005-06. The tax effect in the appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect below the prescribed monetary limit for High Court appeals.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

. HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY & THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 207 OF 2015 Appeal under section 260 A of the lncome Tax Act, 1961, to call for records relating to ITA No.1BB7l\ydl2011, dated 23.11.2012 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench B Hyderabad, relating to the assessment year 2005-2006 in the case of the Respondent-assessee and set aisde the order. Between: Commissioner Of lncome Tax-lll, l.T.Towers, A.C.Guards, Hyd. AND Singularity Software (lndia) Pvt., Ltd., 201, G.K.Classics, Srinagar Colony, Hyd, For the Appellant . Smt. B. Swapna Reddy, rep- Mr. J.V. Prasad Counsel for the Respondents: The Court made the following: JUOGMENT ...Appellant ...Respondent

THE IIONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.207 OF 2015 JU DGI4ENT rper I lon'ble Sri Justit't' P.Sam Koshyl Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for the Income Tax Department for thc appellant Perused the record. 2. This appeal under Section 2604, of the Incorne Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 23.11.2012 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', llyderabad, ln I.T.A.No.l887 ft1yd/201I for the Assessment Ycar 2005-06. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court

2 '<{ as a measure for reducing litigation. ln paragraph 2 of the said Circular, we find that the monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore. 4. In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department 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. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shatt stand closed. SD/. K, SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER ir ll To, '1 . The lncome Tax Appellate Tribunal Hyderabad Bench B Hyderabad 2, One CC to Smt. B. Swapna Reddy, SC for lncome Tax Department IOPUCI 3. Two CD CoPies w I

HIGH COURT DATED.3t4t2025 JUDGMENT ITTA.No.207 of 2015 APPEAL IS DISMISSED, NO COSTS 5ur?(uA \a. 6g15 \i- s-r4 ir- o,( JUN 206 '.2, \:-\.:

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