COMMR OF INCOME TAX-II, HYDERABAD vs. M/S HANDUM INDUSTRIES LTD., MEDAK DIST

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ITTA/379/2015HC TelanganaHBHC01063754201509 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. This was based on a CBDT circular enhancing monetary limits for filing appeals, and the tax effect in this case was below the revised limit.

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 the Assessment Year 2004-05.

What were the issues?

Whether the appeal filed by the Revenue meets the monetary limit prescribed by the CBDT for filing appeals before the High Court.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

134471 IN THE H}GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUN AL APPEAL NO: 379 OF 2015 lncome Tax Tribunal Appeal Under Section 260,4 of the lncome Tax Act,1 961 against the Order dated 16-07-2014 passed in ITA No.384/Hyd/2013 for the Assessment Year 2004-2005 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad. Between: Commissioner of lncome Tax-ll, lT Towers, A.C.Guards, Hyderabad. ...Appellant AND M/s Handum lndustries Ltd., Survey No.2961717,8 and'1 '1 , Sheri Bollarum, Jinnaram Mandal, Medak District. ...Respondent Counsel for the Appellant: Ms J SUNITHA Counsel for the Respondent: M/s MN ADVOCATES The Court made the following: JUDGMENT

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA ! \ INCOME TA)( TRIBUNAL APPEAL No.379 OF 2015 JUDGMENT'. bet Hon'bte Si Jllstice P-Sc,tu Koshg) Heard Ms.J.Sunitha, learned Standing Counsel for Income Tax, appearing on beha-lf of the appellant. 2. The instant appeal under Section 260A of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 1,6.O7.2014 passed by the Income Tax Appellate Tribunal, Hyderabad 'A" Bench, Hyderabad, in I.T.A.No.38a/Hydl2073 for the Assessment Year 2OO4-05. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.Og.2024, amending the previous Circular No.5 of 2024 dated 15.O3 .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 as a measure for reducing litigation. In paragraph 2 of the said Circular, rn'e find that the monetar5z limit fi,xed for frling an appeal before the High Court is Rs.2.OO crore. \ I

Page 2 of 3 rt' 4. In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal frled by the Revenue is dismissed in terms of the aJoresaid Circular No.9 of 2024 dated 17.O9.2O24- 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. No costs. 6. As a sequel, miscellaneous applications pending if any, shall stand closed. S /-M RAMANA KRISHNA JOINT REGISTRAR //TRUE COPY// ECTION OFFICER To, '1 . The lncome Tax Appellate Tribunal, Hyderabad Bench ,A,, Hyderabad 2. One.,CC to Ms J Sunitha, Advocate IOPUC] r 3. One CC to M/s MN Advocates, Advocate [OPUC] 4. Two CD Copies ABK I

HIGH COURT DATED: 0910412025 JUDGMENT ITTA.No.379 of 2015 DISMISSING THE ITTA WITHOUT COSTS 24 I ttr 5EP .\\ I 6 "E

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