THE COMMISSIONER OF INCOME TAX (CENTRAL) vs. SMS PHARMACEUTICALS LTD.,

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ITTA/303/2015HC TelanganaHBHC01003247201507 April 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. The dismissal was in terms of the CBDT circular enhancing monetary limits for appeals to reduce litigation.

What were the facts?

The Revenue filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The tax effect in the instant appeal was below the monetary limit prescribed by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the monetary limits prescribed by CBDT circulars for filing appeals.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

\ IN THE HIGH COURT FOR-THE STATE OF TELANGANA AT HYDERABAD M9I!?TY. THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENW FIVE t3447 | PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY rHE H.N,BLE "*, rrrr,"l[l*",ro RAo NANDTK.NDA Appear under section 2604 of the rncome Tax Act, 1961 against the order of the rncome Tax Appe'ate Tribunar, Hyderabad Bench-', Hyderabad, for the Assessment yeat 2OO4_OS dated 26_02_2014 in l.T.A.No. 1145 of 2OOB. lNcoME TAX TRIBU NAL APPEAL No: 303 of2015 Between: The Commissioner of lncome Tax (Central), Hyderabad. ...Appellant Pharmaceuticals Ltd. 4.1 7, Neelgiri Aditya Enclave, Ameerpet, ...Respondent AND Mis. SMS Hyderabad counser for the Appeilant: Ms. B. sapna Reddy, (sc FoR rNcoME TAx) Counsel forthe Respondent: Sri y. Ratnakar The Court delivered the following: JUDGMENT

BLE JT' SRI TICEP. G SAM KOSHY THE HOH' STI AND CE N N THE HON,BLE SRI TRIBUNAL No.303()F 207g INcoME,'I A)( G)et H )n \')11 Sn Justice P 'So:m Kosh,) Heard Ms.Ei. SizrPna ReddY' learned Standing Counsel for Income Tax, appearing on behalf of the appellant' 2. The instant ra'ppeal under Sectio n 260A of the lncorr:re Tax Act' 1961, has beerr preferred by the Revenue as the appellant against the order dated 2et '()it"'|')'t)14 passed by the Income Tax Appellate Tribunal' Hyderabad 'B'' llerr<:h' Hyderabad' in l'T'A'No'1i'45IHyd'l'2OO7 for the Assessment Yr:ar'2C'04-5' 3. Central Board of Direct Taxes (CBDT) has issuerl Cir':ular No'9 of 2024 dated 17 'Ot) ")024'amending the previous Circular No'5 of 2024 dated 15.03. 2a2'l' by further enhancing the monetary lirnits for filing appeals by tLLe lncome Tax Department before the Income Tax Appellate Tri'llr'tnals, High Courts arrd Supreme Court as il measure for reducing litigati<t:r ' In paragraph 2 of ttre said Circular we frnd that the monetarr tirnit hxed for filing an appeal before rhe High Court is Rs.2.O0 crorr:. L i i I I I I I

4' In the instant appeal, tax effect is well berow the monetaSr rimit. 5' Therefore' the appeal frled by the Revenue is dismissed in terms of tlre aforesaid Circtrlar No.9 of 2024 dated l..Og.2o24.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 of the appeal. No costs. 6 stand closed. To, (r Page 2 of 3 //TRUE COPY// K.SRINIVASA RAO JOINT REGISTRAR ECTION OFFICER ch-B, Hyderabad E TAX)[OPUC] As a sequel, miscellaneous applications pending if aly, shall 1 The lncome Tax Appellate Tribunal, Hyderabad B 2. One CC to Ms. B. Sapna Reddy, (SC FbR TNCOM 3. One CC to Sri y. Ratnakar, Advocate tOpUCI 4. Two CD Copies Kam/MAH

HIGH COURT DATED:07l04l'2'025 JUDGMENT lTTA.No.303 of 2015 DISMISSING OF THE APPEAI.. Ya' /-- = ':- -::-'\ l'-'i " : -';ir14'\. .,. ::.. vA i\. P (' )l I/i 11; \ ? ? JUN ?025 t "i..:l .,;/ ,t '\.-'r\- / 6 >'

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