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13447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDEITAB'iAD TUESDAY,THE FOURTH 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: 166 OF 2010 Appeal filed under Section 260(4) of the lncome-Tax Act, against the order dated.23.11.2007 passed in lTA.No. 533lHydl2007 for the assessment year 2004- 2005 on the file of the Court of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated: 14-03-2007 passed in Appeal.No. 0457lDC-3(2)lClT(A)-lV/2006-07 on the file of the Court of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Assessment Order daled.26-12-2006 passed in PAN/GIR No. AAECS1921R/S-487 on the file of the Court of the lncome Tax Department, Deputy Commissioner of lncome Tax, Circle 3(2), Hyderabad. Between: The Commissioner of lncome Tax lll, l.T. Towers, A.C-Guards. Masab Tank, ...APPELLANT AND M/S Surya Lakshmi Cotton Mills Limited, S.P.Road, Secunderabad. ...RESPONDENT Counsel for the Appellant: Sri J.V.Prasad, Standing Counsel for lncome Tax Counsel for the Respondent: Sri Challa Nagendra Prasad The Court delivered the following JUDGMENT:
THE HONOURA.BLE SRI JIISTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING R{O NANDIKONDA ITTA No.166 OF 2010 JUDGMENT (per IIon'ble Sri Juslice P.Sant Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior Standing Counsel for the Income Tax Department for the appellant. Perused the record. 2. This appeal under Section 260,{ of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the older dated 23.11.2007 passed by the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad, ln I.T.A.No.533/I[yd12007 for the Assessment Year 2004-05. 3. Central Board of Direct Taxes (CBDT) has issued Circular I No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the I Income Tax Appellate Tribunals, High Courts and Suprerne Court ,'?:-_?--
2 utr i as a measure for reducing litigation. In palagraph 2 of the said \ Circular, we find that the monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore 4. In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. However, if the appeat comes rvithin the exception of Circular No.5 of 2024, it would be open to the Income Tax Department to seek revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// S CTION OFFICER 1. The lncome Tax Appellate Tribunal Hyderabad Bench ,A,, Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad 3. The lncome_Tax Department, Deputy Commissioner of lncome Tax, Circle 3(2), Hyderabad. 4. One CC to Sri J.V.Prasad, Advocate tOpUCl 5. One CC to Sri Challa Nagendra prasad, Advocate tOpUCl 6. Two CD Copies To, vH/
I HIGH COURT DATED: 0410212025 JUDGMENT lTTA.No.166 of 2010 DISMISSING THE ITTA i-- x1 N/,q Tm r1: *o(\ IHE SI4 $( "'''. -",... -,., '' I I I I I I I i I I