COMMISSIONER OF INCOME - I, HYDERABAD. vs. M/S S J K STEEL PLANT 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 order of the Income Tax Appellate Tribunal. 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 below the monetary limit prescribed by the CBDT circular.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
-l 13447 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF FEBRUARY 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: 449 OF 2011 Appeal filed under Section 260(4) of the lncome Tax Act, 1961, against the order dated 19.06.2009 passed in lTA.No. 109/Hyd 12O05 for the assessment year 2OO1-2002 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'A' Hyderabad prefened against the Order dated 23-12-2008 passed in lTA.No. 0550 to 554/CC-7lClT(A)-y06-07 on the file of the Commissioner of lncome Tax (Appeals)-|, Hyderabad preferred against the Order dated 29-11-2006 passed in PANiGIR No. AACCS8629 N/S-1 on the file of the Assistant Commissioner of lncome Tax, Central Circle-7, Hyderabad. Between: Commissioner of lncome Tax- ll, Hyderabad ...PETITIONER AND M/s. S J K Steel Plant Ltd (presently known as Kalyani Geradau Steels Ltd.) Plot No.75, MLA and MP Colony Road No.10C, Jubilee Hills Hyderabad. ..RESPONDENT Counsel for the Appellant: Ms. Bokaro Sapna Reddy, Standing Counsel for lncome Tax. Counsel for the Respondent: Sri K. Vasantkumar The Court delivered the following JUDGMENT:
THE HON'BLE SRI THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No.449 OF 2O11 JUDGMENT: JUSTICE P. KOSHY SAM AND (per Hot)'ble Si Justic€ I'.Sam KosltV) Heard Ms.Bokaro Sapna Reddy, learned Standing Ccunsel for Income Tax, appearing on behalf of the appellant' 2. The instant erppeal under Section 260A of tht: Income T'ax Act' 1961, has been prr:ferred by the Revenue as the appt:ilant ttgainst the order dated 19.06.2009 passed by the Income Tax Appellatt: Tlibunal' Hyderabad "A" Ber-rch, Hyderatrad, in I'T'A'No'279 ltl'.vdl2CtO9 tbr the Assessment Year 200 1-02' 3.CentralBoardofDirectTaxes(CBDT)hztsissr-t.--rl(]ircttlarNo'9of 2024 d,ared 17.Og-2024' amending the previous Cir'':'tiat'No 5 of 2O24 dated 15.03. 2024, by further enhancing the monet:rry limits Ior- filing appeals by the Income Tax Department befttre the Irtcome Tax Appellate Tribunals, High Courts and Supreme Coutt' eis a rnea'sure for reducing litigation. In paragraph 2 of the said Cir':ular' r'" e find that the monetary iimit fixed for filing an appeal before llre High Llourt is Rs.2.O0 crore. :IF
Page2 of 3 4. In the instant 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.O9.2024. However, if the appeal comes within the exception of Circular No.5 of 2024, rt 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 /ffRUE COPY// SECTION OFFICER Hyderabad To, The lncome Tax APPellate Tribunal HYderabad nch 'A' The Commissioner of lncome Tax (APPea ls)-1, Hyderabad The Assistant Commissioner of lncome Tax, Central Circle-7, Hyderabad One CC to Ms. B One CC to Sri K. Two CD CoPies okaro Sapna ReddY, Advocate IoPUC] Vasantkum ar, Advocate [OPUC] VI{/DL YP 1. 2. 3 4 5 6 .a.-:t-
HIGH COURT DATED: 1110212025 JUDGMENT ITTA.No.449 of 2011 D!SMISSING ITTA ''1:= /z'.'-..;.L st .,i'.:.* rr/€ !a i 2 4 APf, i[25 Zt. ..t og--;,,';rr-.r" -'+=:; .e{"tr ff*\" a
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