THE COMMISSIONER OF INCOMTE TAX-IV, HYDERABAD vs. M/S. NEULAND LABORATORIES LTD., HYDERABAD
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. The dismissal was based on the CBDT's circular enhancing monetary limits for filing appeals to reduce litigation.
What were the facts?
The Revenue filed an appeal before the High Court against an ITAT order. The tax effect in the appeal was below the monetary limit prescribed by the CBDT for filing appeals.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the tax effect is below the monetary limit set by the CBDT.
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 WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 289 OF 2011 Appeal filed under Section 260(,4) of the lncome-Tax Act, against the order dated. 31-08-2007 passed in lTA.No.62lHydl2006 for AssessmentYear 2002-2003 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated. 26-10-2005 passed in Appeal No.lTA No.0177lR- l6tAClT-2(4)tClT(A)-V/2005-2006 on the file of the Commissioner of lncome Tax (Appeals)-V, Hyderabad preferred against the Order dated: 30-03-2005 passed in GIR/PAN No. N-060/AC 2(4) on the file of the lncome Tax Department. Between: The Commissioner of lncomte Tax-lV, Hyderabad ...APPELLANT AND M/s. Neuland Laboratories Ltd.,7-1-7O and 71 Dharam Karan Road Ameerpet, Hyderabad ...RESPONDENT Counsel for the Appellant: Ms. BOKARO SAPNA REDDY, S.C. FOR INCOME TAX Counsel for the Respondent: SRI K. VIVEK REDDY The Court delivered the following: JUDGMENT
THE HON 'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBT'NAL APPEAL l{o.289 OF 2O11 JUDGMENT: (pr Hon'bb sn rustice P so.m Koshs) Heard Ms.Bokaro Sapna Reddy, learned Standing oounsel for Incorne Tax, appearing on behalf of the appellatr i. 2. The instant appeal under Section 260A al lhe Iticonc Tax Act, 1961, has been preferred by the Revenue as thc :lplletlarlt against the order dated 31.O8.207 passed by the Income 'l'rx Appellatc 'l'ribunal, Hyderabad '.A" Bench, Hyderabad, in I.T.A.No (r2 i'H\.li -2()06 for the 1 AssessmentYear 2OO2-O3 3. Central Board of Direct Taxes (CBDT) has ir'srrir.! Cir',r'-llar Nrr.9 of 2024 dated 17.O9.2024, amending the previous Circulirr Nc.5 o[ rO24 dated 15.O3.2024, by further enhancing the rnonetatv iimits lor hling appeals by tJle Income Tax Department bcii;rl Lirt: irli:onre: 'fttx Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said t-'ii-r:ull:'. rvr-: 5nd that the monetary limit fixed for filing an appeal before the High Cor-Lrt is Rs.2.O0 crore. \
To, Page 2 oF 3 4 In the instant appcal, tax effect is well below the monetary limit. 5. Therefore, the appeal frled by the Revenue is dismissed in terms of the aJoresaid Cilcular No.9 of 2024 dated lZ.Og.2O24. However, if the . appeal comes rvrthin the exception of Circular No.5 of 2024, it u,ould be open to thc Income Tax Department to seek reviva,l of the appeal. No costs- 6. As a sequel, rniscellaneous applications pending if any, shall stand closeel SD/-K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appeltate Tribunal Hyderabad Bench 'A" Hyderabad 2. The Commissioner of lncome Tax (Appeals)-V, Hyderabad 5 On" CC to lvls. Bokaro Sapna Reddy' S C. for lncome Tax [OPUC] 4. One CC to Sri K. Vivek Reddy, Advocate [OPUC] 5. Two CD CoPies Plp/PSL a
/ HIGH COURT DATE D : 1 210212025 JUDGMENT !TTA.No.289 of 2011 DISMISSING THE APPEAL 1 HE SIA 16: oFsF4rC"rEO s ) ?trfi 23 APB Jc ( zo }) { , c I
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