COMMISSIONER OF INCOME TAX-II, HYD vs. GLAND PHARMA LTD, HYDERABAD

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ITTA/95/2017HC TelanganaHBHC01016138201709 April 2025Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the tax effect in the instant appeal was well below the monetary limit prescribed by the CBDT circular. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal for Assessment Year 1997-1998. The appeal was filed after the issuance of a CBDT circular enhancing monetary limits for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable considering the enhanced monetary limits for filing appeals as per the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

I Between: HIGH COURT FOR THE STATE OF 13447 | LANGANA AT HYOERABAD WEDNESDAY,THE NIN H DAY OF APRIL TWO THOUSAND.AN TWENry FIVE PRESE T THE HONOURABLE SRI J STICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SING RAO NANDIKONDA INCOME TAX TRIBUNAL PEAL NO: 95 OF 20'17 lncome Tax Tribunal Appeal Under S ion 2604 of the lncome Tax Act,1961 against the Order dated 28.02.2007 pas ed in ITA No.55/HYD/200'1 for the the lncome Tax Appellate Tribunal, Assessment Year 1997-1998 on the file o Hyderabad Bench'A', Hyderabad. COMMISSIONER OF INCOME TAX-II HYD, Hyderabad ...APPELLANT AND GLAND PHARMA LTD, HYDERABAD, 6- 862, Ameerpet, Hyderabad. ...RESPONDENT Counsel for the Appellant: Ms. J. SUNITH TAX DEPT. SMT. K MAMATA CHOUDARY, INCOME TAX DEPT. Standing Counsel FOR INCOME ENIOR Standing Counsel FOR Counsel for the Respondent: SRI K VAS The Court made the following: JUDGMEN NTKUMAR

j:w / 1 THE HO ON'BLE N'BLE SRI JU SRI STIC AND JUST ENA ICE P. RSING PEAL SAM RAO No.9 NAND 5OF IKON 20L7 DA JUDG THE H ME INCOME TA)( TRIBUNAL AP NT: 1p". ao"'at' s" Justice I' som Koshu) Rs.2.O0 crore Flear: lvl s.J ' Sun.:lra, learned S,:iin:irrg Courisel for Income Tax, appearing on behalf of the appellant' 2. The instant appeal under Seclion 260A of the Income Tax Act' 1961, has been preferred by the Revenue as the appellant against the order dated 28'A2'2AO7 passecl by the lncome Tax Appellate Tribunal' Hyderabad "A" Bench' Hyderabad' in l'T'A No'51;lHydl2OOl for the Assessment Y ear 1,99'/ -98 ' 3. Central Board ol Direct Taxes (CBDT) has issued Circular No'9 of 2024 d'aLed, 17 'ug '20'24 ' arnend'ing ttie previous C) rrcuiar No'S of 2O24 dated 15.03'2 O24, by further enhancing tt:e mor:t:tary iirnits for hling appeals bl the Inccme Tax Dellartment befcre t'he Incorne Tax Appellate Tribrrnzls, i-Iigh Court-s anrl Suprtrne Corrt as a measure for reducing liiigntion' 1r' pa-ragraph 1l of the said' Circular' we hnd that the monet_ary li.it rrred for rrling an appeal befc.e the High court is \ 1 I i I I I I i I

PaCe 2 4. In the instant appeal, tax effect 5. Therefore, the appeal hled by of the aforesaid Circular No.9 of 2O the appeal comes ',r,ithin the excep would be open to the Income Tax appeal. No costs 6. As a sequel, miscellaneous a stand closed. /ITRUE C To, TPK/gh w 'l . The lncome Tax Appellate Tribunal, H 2. One CC to SMT. K MAMATAAdvoca 3. One CC to SRl. K VASANTKUMAR 4. Two CD CoPies :i.!!el!!-_:: 'q& a 3 is well below the monetary limit. Revenue is dismissed in terms 4 dated 17 .O9 .2024. However, if on of Circular No.S of 2024, it partment to seek revival of the lications pending if any, shall SD/- A.V.S.S.C.S.M. SARMA J INT REGISTRAR PYII SECTION OFFICER erabad Bench 'A', HYderabad IoPUCI vocate [OPUC] il

HIGH COURT DATED:0910412025 JUDGMENT ITTA.No.95 ot 2A17 ITTA IS DISMISSED 6oef4 /.-:a _ -=-:\ .s i4 7.\s / Jt Ili t'Y.. \r.-- 22 AIJB ilE c!.'' i((' ?o -,'ri +i r'-/, k* I

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