THE PRINCIPAL COMMISSIONER OF INCOEM TAX vs. M/S MARUTHI SECURITIES LTD.,
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. This was based on a CBDT circular enhancing monetary limits for filing appeals, and the tax effect in this case was below the prescribed limit.
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 2005-06.
What were the issues?
Whether the appeal filed by the Revenue is maintainable in light of the revised monetary limits prescribed by the CBDT for filing appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY & THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 93 OF 2015 Appeal under section 260 A of the lncome Tax Act, 1g6.1 against orders to set aside the order of the Tribunat in lrA No. 468/Hyd/2009, dated ostogtzol4 for A.Y. 2005-06. Between The Principal Commissioner of lncome Tax, Hyderabad. AND ...Appellant ...Respondent M/s. Maruthi Securities Ltd. Plot NO. 66, Pa* View eniirre, Manovikas Nagar, Secunderabad-500 009 For the Appellant : Ms. B. Swapna Reddy, Advocate for Sri J.V. prasad (SC for lncome Tax) For the Respondent: Sri A.V.A. Siva Kartikeya, Advocate The Court made the following: JUDGMENT
THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND TIIE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.93 OF 2015 JUDGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior Standing Counsel for tl-re Income Tax Department for the appellant. Perused the record. 2. This appeal under Section 260,{ of the lncome Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 05.09.2014 passed by the Income Tax Appellate Tlibunal, Hyderabad Bench 'B', Hyderabad, ln LT.A.No.468/Hydl2009 for the Assessment Year 2005-06. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monelary limits for filing appeals by the Income Tax Department before the lncome Tax Appellate Tribunals, High Courts and Supreme Court
2 as a measure for reducing litigation. In paragraph 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. Therefore, the appeal filed by the Department is dismissed in 5 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 Income Tax Department to seek revival ofthe appeal. There shall beno order as to costs' 6 Consequently, miscellaneous petitions pending, if any, shall stand closed. SD/- K. SRINIVASA RAO JOINT REGTSTRAR //TRUE COPY// Kfit.-' sEcfloN brrtceR To, 1. The lncome Tax Appellate Tribunal, Bench B Hyderabad i. o;'ic i;-sri itl i'rasao (sC for lncome Tax) [oPU-c] 5 5;;6c i" sriAV,q. Siva Kartikeva, Advocate [oPUCl 4. Two CD CoPies P r^Ct. ,
f HIGH COURT DATED:18/3/20'15 JUDGTVIENT ITTA.No.93 of 2015 APPEAL IS DISI\4ISSD, NO COSTS .-'-='- r lrt i ( t 4r o t.) c) I 'i ,l ,i ,', lqr 2I JUt 2025 ''.,11\\-\ ^tq 1{\Arf
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