THE COMMISSIONER OF INCOME TAX-I, HYD. vs. M/S. ALKALI METALS LTD., HYD.

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ITTA/287/2011HC TelanganaHBHC01020300201106 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. This 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 ITAT order for Assessment Year 2000-2001. 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 and the monetary limits prescribed by CBDT circulars 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

t347 | lncome Tax Tribunar Appear Under section 2604 of the rncome Tax Act,1961 against the order dated 23-04-2007 passed in trA No.478lHyd/2005 for the Assessment Year 2000-2001 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad preferred against the order dated 1g-02-2005 passed in lrA No. 0273lclr(A)-llt04-05 on the file of the commissioner'of lncome Tax (Appeals)-ll, Hyderabad preferred against the order dated 31-.r2-2004 passed in G.|-R./P.A.No.A-91/AABCA7312B on the fite of the Assistant commissioner of lncome Tax, Circle - 1('t), Hyderabad. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTH 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: 287 OF 2011 The Commissioner of lncome Tax-|, Hyd., Hyderabad Betureen: AND M/s. Alkali Metals Ltd., Ptot No. B-5, Btock lll, tDA, Uppal, Hyderabad ...Appellant ...Respondent Counsel for the Appellant : Ms. Bokaro Sapna Reddy, Sc for Income Tax Counsel forthe Respondent: Sri A V Raghu Ram The Court delivered the following: Judgment

'tsrt.=--+- THE HON'BLE SRT WSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCoME TAX TRIBUNAL APPEAL No.2E7 OF 2OrI JUDG-MENT @er Hon,bre s:i rusrrce psam KoshyJ Heard Ms.Bokaro Sapna Reddy, learned Standing Counsel for Income Tax, appe;rring on behalf of the appellant 2. The instant appeal under Section 26OA of the Income Tax Act, 1961, has been preferred by the Revenue as the apoellant against the order dated 23.O4.2OO7 passed by the Income Tax l\ppellate Tribunal, Hyderabad 'A" Be.nch, Hyderabad, in I.T.A.No.478lllydl2OO5 for the Assessment Year 110O0-O 1 3. Central Board of Direct Taxes (CBDT) has issur:cl Circular No.9 of 2024 dated 17.O9.2024, amending the previous Circular No.S of 2O24 dated 15.03.2024, by further enhancing the monetar5r limits for liling appeals by the lncome Tax Department before the Income Ta_x Appellate Tribunals, High Courts and Supreme Courr as a measure for reducing litigation In paragraph 2 of the said Circrrlar, we find that the monetar5r limit fixed for filing an appeal before the High Court is Rs.2.OO crore. s,t

Page 2 of 3 4. In the instant appeal, tax effect is well below the monetar5r limit. 5. Therefore, the appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. However, if the appeal comes within 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 sequel, miscellaneous applications pending if any, shall stand closed. sd/- K. J SRINIVASA RAO ,, rNr REGISTRAR / //TRUE COPY// To, ADt(plp Hr . The lncome Tax Appellate Tribunal' Hyderabad.Bench 'A" Hyderabad . inl C".r"i.sionei of lncome Tax (Appeals)-ll' Hyderabad . The Assistant Commissioneiof fncimb Tax' Circle --1(1)' Hyderlbad o"l cC t" Ms. Bokaro Sapna Reddv' sc t91 !991e Tax' [oPUC] . o;; aa io Sri A v Raghu Ram' Advocate toPucl . Two CD CoPies 1 2 4 5 6 s CTION OFFlCER

HIGH COURT DATED:06 tO2t2O2S JUDGMENT ITTA.No.28T of 2011 fl1?lt';{n"o;*15'"o --*=*- lHE St,( (( ,e o o 1t ttt 2yg 2 (J ."., >,t €."6+ *fls: I

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