COMMISSIONER OF INCOME TAX-VI, HYDERABAD. vs. M/S G.V.MALLA REDDY AND CO. HYDERABAD.
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 order of the Income Tax Appellate Tribunal. 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 monetary limits for filing appeals as stipulated by CBDT circulars.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
''[ a I l, I l 13447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TENTH 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: 248 OF 2010 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,1961 against the Order dated 31-05-2004 passed in ITA No.187/Hyd/200'1 for the Aisessment year 1 997-1998 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad preferred against the Order dated 16-12-2000 pissed in Appeat No.BI/V-1(6yCtT(A) 1999-2000 on the file of the Commissioner of income Tax (Appeals)-|, Hyderabad preferred against the Order dated 09-03-2000 passed in P.A.N-/G,l.R. No.G.303 on the file of the Deputy Commissioner of lncome Tax, Circle - 9(1), Hyderabad. Between: Commissioner of lncome Tax-Vl, Hyderabad AND Counsel for the Appellant : Ms. Sapna Reddy representing Sri J V Prasad, Sc for lncome Tax Counsel for the Respondent: Sri K Vasant kumar The Court delivered the following: Judgment ...Appella nt M/S G.V.Malla Reddy and co, 16-10-17411, Malakpet, Hyderabad. ...Respondent
t =Y I l j l THE TIONOURABLE SRIJUSTICE P.SAM KOSHY AND THE I{ONOURABLE SRI JUSTICE NARSING ITAO NANDIKONDA ITTA No.248 OF 2010 JUDGMEU: (per Hon'ble Sri Justice P.Sam Koshy) Hearcl Ms. B.Sapna Reddy, leamed Junior [itanding Counsel representing Mr. J.V.Prasad, leamed Senior Standing Counsel for the Income Tax Departrnent for the appellant. Perused the record. 2. This appeal under Section 260,4 of the lncome '[ax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 3 I .05.2004 passed by the Incr:rme Tax Appellate 'Iribunal, Hyderabad Rench 'A', Hyderabad, in I.T.A.No.187rTlyd/2001 for the Assessment Year 1997-98. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 20214 dated, 17.09.2024, amending the previous Circular No.5 of 2021dated 15.03.2024, by further enhancing the rnonetary limits for fi1ing appeals by the Income Tax Departrnent b.:fore the Income Tax Appellate Tribunals, High Courts ancl Suprerrre Couft ./ \ , t
2 as a measure for reducing iitigation. In 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 lirnit. 5. Therefore,, the appeat fiied by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. However, if the appeal cotnes within the exception of Circular No.5 of 2024, it would be open to the Income Tax Department to seek revival ofthe appeal. There shall be no order as to costs 6. Consdquently, miscellaneous petitions pending, if any, shall stand closed Sd/. K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// CTION OFFICER 1. The lncome TaxAppellate Tribunal, Hyderabad Bench'A', Hyderabad 2. The Commissioner of lncome Tax (Appeals)-|, Hyderabad 3. The Deputy Commissioner of lncome Tax, Circle - 9(1), Hyderabad 4. One CC to Sri J V Prasad, Sc for lncome Tax [OPUC] 5. One CC to Sri K Vasant kumar, Advocate [OPUC] 6. Two CD Copies ADK/gh To, V I I
HIGH COURT DATE D: 1 010212025 JUDGMENT lTTA.No.248 of 2010 DISMISSING THE ITTA WITHOUT COSTS 2 1 t1tf, 2025 !o -d' oR THE }} ,l 3 a (. ) tl "( d./
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