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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 7 OF 2010 lncome Tax Tribunal Appeal under Section 260A of the lncome Tax Act, 1961 against the Order dated 30-03-2007 passed in lTA.No.1159/Hyd/2005 for the Assessment Year 2002-03 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad, preferred against the Order dated 28-1O-2OO5 passed in lTA.No.0247lDClT-3(1)/ClT(A)-lll/04-05 on the file of the Commissioner of lncome Tax (Appeals)-lll, Hyderabad, preferred against the Order dated 25-01-2005 passed in PAN/GIR No.AAACI3374G/|-081 on the file of the Deputy Commissioner of lncome Tax, Circle 2(1), Hyderabad. Between: Commissioner of lncome Tax-ll, Hyderabad ...Appellant AND M/s ldeal lndustries Explosives Ltd,2nd Floor, Arun Deep Complex, Tadbund, Akbar Road, Secunderabad. (Amended as per C.O. dtd.29-Ol2A25 in lA,[,1o.197 ot2O1O.) ...Respondent Counsel for the Appellant Ms J Sunitha, Junior Standing Counsel Representing Mr P Murali Krishna, Senior Standing Counsel for lncome Tax Department. Counsel for the Respondent : Sri K Vasantkumar The Court delivered the following Judgment :
THE HONOURABLE SRIJUSTICE P.SAM KOS]HY AND THII HONOURABLE SRTJUSTICE NARSTNG RA,O NANDIKONDA ITTA No.7 OF 2010 JT]DGMENT /per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. J.Sunitha, leamed Junior Standing Counsel representing N{r. P.Murali Krishna, learned Senior !itanding Counsel tbr the appellant. Perused the record 2. This appeal under Section 260,4. of the Income lax Act, 1961 , hzLsr be,e:n preferred by the Revenue as the a ppellant against the olcler dated 30.03.2007 Jrassed by the Incorne Tax Appellate Tr:bunal, Hyderabad Bench 'A', Hyderahad, ln I.T.A.No. l t59lAyd/2005 for the Assessment Year 2002-03 3. Cerltlal Eioard of Direct Taxes (CBDT) has issued t]ircular No.9 of '.1.024 <lated 17.09.2024, amending the previous (lircular No.5 of 20114 <lated 15.03.2024,by further enhancing the monetary limits for lilinll appeals by the Income Tax Department be [ore the Income Ta>: Appellate Tribunals, High Courts and Supreme Court as a mealure firr reducing litigation. In paragraph 2 of the said
2 I To, Vtughw 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 appeal comes within the exception of Circular No.5 of 2024, it would be open to the lncome Tax Departmont to seek revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- A.V.S.S.C.S.M. SARMA JOINT REGISTRAR /ffRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench 'A" Hyderabad 2. The Commissloner of lncome Tax (Appeals)-lll' Hyderabad 3. The Deputy Commissioner of lncome Tax' Circle 2(1)' Hyderabad 4.oneCCtoMrPMuraliKrishna,seniorStandingCounselforlncomeTax Department [OPUC] 5. One CC to Sri K Vasant kumar, Advocate [OPUC] 6. Two CD CoPies 1{
HIGH COURI' DATED:2910112025 JUDGMENT lTTA.No.7 of 2010 DISMISSING THE ITTA ,4 ,y'rls* !/.t\ 1/< il '-: \\ I ".. - yr E. ST{ie. O 2 APB ZII25 I ) ..--: n""d* k"w -Prsv