COMMISSIONER OF INCOME TAX BANGALORE-I, BANGALORE. vs. M/S GMR INDUSTRIES, BANGALORE.

PDF · subscribers
ITTA/251/2010HC TelanganaHBHC01028002201006 February 2025Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal as it did not meet the monetary limit for filing appeals as per the CBDT Circular No. 9 of 2024. The court noted that if the appeal falls under an exception, the Revenue can seek revival.

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. The tax effect in the instant appeal was well below the monetary limit prescribed by the CBDT.

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 260-A

AI-generated summary — verify with the full judgment below

\ 13447 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTH 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: 251 of 2O1O lncome tax Tribunal Appeal under Section 260-A of the lncome tax Act, 1961, against the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench B, Hyderabad in ITA No.1222lHyd/07 for Assessment Year 2004-05 dated 31-07-2008, preferred against the Order of the Commissioner of lncome Tax (Appeals) lll, Hyderabad dated 06-11-2007in Appeal No.0311/ACIT-Cir-2(3)/ CIT(A)-|l112006-07, preferred against the Order of the Assistant Commissioner of lncome Tax, Circle- 2(3), Hyderabad dated 28-12-2006 in PAN/GIR No A/qACG8091J. Between: Commissioner of lncome Tax Bangalore-1, Bangalore-l Central Revenue Building, Queens Road, Bangalore - 560 001. (Present authority with Jurisdiction over the matte0 ...Appellant AND M/s GMR lndustries, 6-3-866/1/G2, Greenlands, Begumpet, Hyderabad-16 and presently 2511, Skip House, Museum Road, Bangalore - 560 025. ...Respondent Counsel for the Appellant: Ms. Bokaro Sapna Reddy, SC FOR lT Counsel for the Respondent: Sri Ch. Pushyam kiran The Court delivered the following: JUDGMENT

eiE T-==7 ia: -. - ,/ THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TA)( TRIBUNAL APPEAL No.251 OF 2O1O JUDGMENT: (per Hot'ble Si -!us!ic-r. P.Sotft Koslv) Heard Ms.Bokaro Sapna Reddy, learned Standing Counsel for Income Tax, appearing on behalf of the appellant. 2. The instant appeal under Section 260A of the Income Ta< Act, 1961, has been preferred by the Revenue as the appellalt against ttre tt order dated 31.07.20O8 passed by the Income Tax Appellate Tribunzii Hyderabad'Tl" Bench, Hyderabad, in I.T.A.No. 1222lHyd/20O7 for ihe 'l Assessment Year 2OO4-05. 3. Centra-l Board of Direct Taxes (CBDT) l-ras issued Circular No.9 ol 2024 dated 17.O9.2024, amending the previous Circular No.5 of 2',,t2 i dated 15.03.2024, by further enhancing the rr.orretrlry limits for i;iir.g appeals by the Income Tax Department before tire Income' Appellate Tribunals, High Courts and Supreme Court as a meas,',-c ror reducing litigation. In paragraph 2 of t}:.e said Circular, we find that the monetary limit fixed for filing an appea-l before the High Court is \ 1';,r Rs.2.0O crore.

4 In the instant appeai, ta-:< effect is well below the monetary limit' Page 2 of 3 miscellaneous applications pending if any' shall Sd,- Kb?,ti#ti$'[iR ,ffRUE COPY/I ECTION OFFICER 5. Therefore, the appeal frled Lry the Revenue is dismissed in terms of the aforesaid Circular No'9 of 2A24 dated' 17'Og'2O24' However' if the appeal comes within the exception of Circlrlar No'S of 2024 ' it 'w'oulci be open to the Income Tax Department to seek revival of the appeal. No costs. (1. As a sequel, slc;id closed. To, 1. 2. .) 4.( 6 *==t#or",.ryl+;*it+,r#*+:tr,r#;- Two CD CoPies kam I

HIGH COURT ,DATED:0610212025 JUDGMENT |TTA.No.2S1 ot 2010 DISMISSING OF THE APPEAL 1Yi'ST 416 2 3 APH 2$25 tl o za .b t rO g 4/ // ,/3

Recent GST High Court judgments

Search GST case law →