THE COMMR OF INCOME TAX [CENTRAL] HYDERABAD vs. M P B KUTUMBA RAO, HYDERABAD

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ITTA/320/2015HC TelanganaHBHC01042502201528 February 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. The dismissal was based on the monetary limits for filing appeals as per the CBDT circulars.

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 CBDT circulars for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the tax effect being below the prescribed monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

13447l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 320 OF 2015 Appeal filed under Section 260-4 of the lncome Tax Act, .1g61 against the Order dated 19.12.2013 passed in l.T.A.No. 1432lHydl2O12, for Assessment year 2006-07 on the file of the lncome Tax Appellate Tribunal, Bench-A, Hyderabad. Between: The Commissioner of Income Tax (Central) Hyderabad ...Appellant AND S! M P B Kutumba Rao, B-2-293l82lJ-lll, Ptot No.244, Road No.78, Jubitee Hills, Hyderabad. ...Respondent Counsel forthe Appellant : Ms. Bokaro Sapna Reddy Standing Counsel for lncome Tax Counsel for the Respondent : Sri A V A Siva Kartikeya The Court delivered the following:

'I THE HON'BLE SRI JUSTICE P.SAM KOSHY THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No.320 0F 2015 JUDGMENT: tEt Hat'bte sn 'h,sn'! P.sam Kostl!) Heard Ms.Bokaro Sapna Redd'y, learned Standing Counsel for Income Tax, appearing on behaif of the appellant' 2. The instalt appeal under Section 260A of the Incorte Ta-x Act' 1961, has been preferred by the Revenue as the appellant against the order dated Ig.l2.2oi.il passed by the Income Tax Appellzrte Tribunal' Hyderabad 'A" Bench, Hyderabad, in I'T'A'No 1432 /llydl2O12 for the Assessment Y ear 2006-07 - 3. Central Board o[ Dircct Taxes (CBDT) hzrs issued Cirr;ular No 9 of 2024 dated. 17.Og.2024, amending the previous CircLrlar No 5 of 2O24 dated 15.03.2O24, by further enhancing the monetary linrits for liling appeals by the Income Tax Department be fore tile Income Tax Appellate Tribunais, I-Iigtl Courts anci Supreme Court irs i.i nteasure for reducing litigation. In paragraph 2 of the said Circular' q'e hnd that the monetary limit fixed for hling an appeal belbre tl-rc Fligh Court is Rs.2.0O crore AND

Page 2 of 3 4. In the instant appeal, tax effect is well below the monetary limit 5. Therefore, the appeal frled by the Reverrle is dismissed in terms of the aforesaid Circular No.9 ol 2024 dated' 17.Og.2024. However. if the appeal comes u.ithin the exception of Circular No.S of 2024 ' it would be open to the Income Tax Department to seek revival of the appeal. No costs. 6. As a sequei, miscellaneous applications pending if any, shal1 stand closed. The lncome Ta One CC to Ms' ,RAO Sd,. K. SRINIVAS JOINT REGI RAR To, ,/TRUE GOPYII SECTION OFFICER .S?:?J":"Jl:H3lf,"!::;ft #3ff133 ror rncome :i:8Jy""! A V A siva Kartikeva Advocate loPucj Two CD CoPtes 1 2 4 DUDL Ya. I

HIGH COURT DAf ED:2810212025 JUDGMENT ITTA.No.320 of 2015 DISMISSING THE APPEAL C'fM 1 , D € t [25 a ,j ( tlI[Y 2 01 6E STAI Es eaTc,i \h-s \d' :t *rrAt,!!!2t&r:*tr.:i

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