A.NARSINGA RAO vs. ASSISTANT COMMISSIONER OF INCOEME TAX

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ITTA/5/2008HC TelanganaHBHC01045505200811 October 2023Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the Revenue. The dismissal was based on the CBDT's circular enhancing monetary limits for filing appeals, as the tax effect was below the prescribed limit.

What were the facts?

The Revenue filed a Wealth Tax Appeal before the High Court against an ITAT order. The tax effect in the appeal was well 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 low tax effect in light of the CBDT's monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 27(A)

AI-generated summary — verify with the full judgment below

t34471 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WEALTH TAX APPEAL NO: 5 OF 2008 Appeal under Section 27 (A) of the Wealth Tax Act, 1961 arising out of the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench "8" Hyderabad made in W T.A.No. 125lHydl1997 daled 21-01-2003, Assessment Year 1990-91 preferred against the Order of the Commissioner of lncome Tax (Appeals)-l Hyderabad in lTA.No.311/AC 1(3)/ClT(A)l/95-96 Dated 13-03-'1997 preferred against the order of the Assistant Commissioner of Wealth Tax, Circle-1(3), Hyderabad made rn PAN/GlR No N-7't7 dated 30-03-1995. Between: Commissioner of Wealth tax -Vl, Hyderabad ..APPELLANT AND Nb Nazish Ali Khan, S/o N.B.Nawazish Sha Bahadur, 22-3-660 Purani Haveli, Hyderabad. ...RESPONDENT Counsel for the Appellant: Ms. BOKARO SAPNA REDDY, S.C. FOR INCOME TAX Counsel for the Respondent: ---- The Court delivered the following: JUDGMENT

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA WEALTH TAX APPEAL No.S OF 2OO8 JUDGMENT (pet Hon ble Si,lustr.c PSart Koshyl Heard Ms.Bokaro Sapna Reddy, learned Standing Counsel for Income Tax, appearing on behalf of the appellant. 2. The instant appeal under 27(A) of the Wealth Tax Act, 1957, has been preferred by the Revenue as the appellant against the order dated 21.01.2003 passed by the Income Tax Appellate Tribunal, Hyderabad "B" Bench, IJvderabad, in W.T.A.No.125lHydl1997 for the I Assessment. Year I 990 9 I 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.O9.2024, amending the previous Circular No.5 of 2O24 dated 15.03.2024, by lurther enhancing the monetaqz limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetar5z iimit fixed for filing an appeal before the l{igh Court is Rs.2.00 crore.

Page 2 of 3 4. In the instant appea-l, tax effect is weli below the monetary limit. 5. Therefore, the appcal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.O9.2O24. Horvever, if the appeal comes within the exception of Circular No.5 of 2024 , iL 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.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY'/ ECTION OFFICER to'', , -ln" lncome Tax Appellate Tribunal' Hyderabad Bench "8"' Hyderabad (with tad 2 4. PI records if anY) The Commissioner of lncome tax (Appeals)-l' Hy.d"l9P''d The Assistant commissionef"iTvljin r'i' cir;le-1(3)' Hvderabad One CC to Ms. Bokaro s'pn'"i"'OOV' S C ior lncome Tax [OPUC] Two CD CoPies PSL ,r. -:1

l HIGH COURT DATE D : 1 3lOZl2025 JUDGMENT WTA.No.S of 2008 DISMISSTNG THE APPEAL 1 B o a !: ? 3 Arn 2fi25 ! 09 ( rri: ST4 7'e ,r{

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