The Commissioner of Income Tax-III vs. Sri Vishnu Cements,
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. This was based on a CBDT circular that enhanced the monetary limits for filing appeals before the High Court.
What were the facts?
The Revenue filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was filed for Assessment Year 2001-02.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the revised monetary limits for filing appeals as per CBDT circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
13447 1 IN THE HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY HE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No: 553 of 20'10 lncome tax Tribunal Appeal under Section 260-4 of the lncome tax Act, 1961 , against the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench A, Hyderabad in ITA No.1221lHyd/o4 for Assessment Year 2OO1-O2 dated 09-01-2009, preferred against the Order of the Commissioner of lncome Tax (Appeals) lV, Hyderabad dated 23-09-2004 in Appeal No. 118/AC-3(2yClT(A)-lV/04-05, preferred against the Older of the Assistant Commissioner of Income Tax, Circle-3(2), Hyderabad dated 26-03-2004 in PAN/GlR No.AADCS4o55[M / S-174. Between: The Commissioner of lncome Tax-lll, l.T.Towers, A.C. Guards, Masab Tank, Hyderabad- ...Appellant AND Sri Vishnu Cements,, 461, Somajiguda, Hyderabad 500 (Present address) No.1 ., 10'n P.B No. 1535, Skeet No. 10, Suryanagar, 082. (since merged with Zuari Cements Ltd.,) Main, Jeevanbhima Nagar, Bangalore 560 075. ...Respondent Counsel for the Appellant: Ms. Bokaro Sapna Reddy, SC FOR lT Counsel for the Respondent: Sri Venkata Rangadas Kanuri The Court delivered the following: JUDGMENT
,-.'.?.'ryc'r ./ I THE HoN'BLE SRI JUSTICEP.SAM KOSI-I I THE HON'BLE FRI JUSTICE NARSING RAO NAN]D_IKI)ND4 INCOME T JUDGMENT: @er Hon'b e Sn Justtce P.Sc.m Koslag) Heard Ms.Bokzrro Sapna Reddy' learned Standi'-rg Oounsel for Income Tax, appear-ng on behalf of the appellant' 2. The instant arpeal under Section 260A of the ilrcorle Tar Act' 1961, has been pre[':rred by the Revenue as the appeiiinlt agzrinst the order dated 09.01.i10O9 passeci by the Income Tax Appella'-e Tribunal' Hyderabad'4" Bench, Hyderabarl, in l'T'A'No' 1 22 | I |7'yd I 1"004 for the Assessment Year 2O'3 1 -02 3. Central Roarcl of Direct Taxes (CBDT) has issuer-l Cirruiar No'9 of 2024 dated' 77.Og.'.aJ24, amending the previous Cilc'-r.'ar l'1o"5 of 2024 dated 15.03.2024, l>y further enhalcing the monelar lin its [or filing appeals by the IrLcome Tax Department before tll': lncort-:c 'la-x Appeilate Tribunal';, High Courts and Supreme CourL as a measure for reducing litigation ln paragraph 2 of tine said Circulirr' we iind that the monetary limir flxed for filing arr appeal before tl "' i- igh Court is Rs.2.00 crore. AND 1 \ AL No.553 OF 201.o
rl I r Page 2 of 3 4 In the insl-ant appeal, tax effect is well below the monetarv limit. 5' Therefore, the appeal rrled by the Revenue is dismissed in terms of the aforesaid circular No.9 of 2024 dated. rz.og.2o24. However, if the appeal c.mes -,'ithin the exception of . Circular No.5 of 2024, it rvould be open to the Income Tax Department to seek revival of the appeal. No costs. 6, As a sequel, miscellaneous applications pending if aly, shall stand closed sd/- K. sRINIVASA RAO Jol T REGISTRAR ,,TRUE COPY/I CNON OFFICER To ffi $tl[,ij'dl*ll;:iitr.gd*"u'*iff One CC to Sri Venkata Rangi 1. 2. a 4. E t) Two CD Copies kam
( HIGH COUR]' DATED:1 110?.12025 JUDGMENT lTTA.No.553 of 2010 DISMISSING OF THE APPEA.L o 2I li;i 2[25 S 'AI€ o q 5 l 'P ,=\ , D I 1 ,.3 /s/21 1Ii
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