PRINCIPAL COMMISSIONER OF INCOME TAX-I vs. M/S AGRANI BUILDESTATE

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ITA/64/2024HC RajasthanRJHC02028898202408 October 2024Bench: PANKAJ BHANDARI,PRAVEER BHATNAGAR4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal based on the CBDT's circular enhancing the monetary limits for filing appeals. The court noted that if the appeal falls under an exception, revival can be sought.

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 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 the CBDT for filing appeals before the High Court.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

li 13447 | HIGH COURT FOR THE STATE OF TELANGANA AT HYEERABAD WEDNESDAY,THE SECONO DAY OF JULY 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: 64 OF 2024 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,1961 against the Order daled 3110812023 passed in ITA No. 189/Hyd/2016 for the Assessment Year 2O11-2012 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench'B', Hyderabad. Between: The Pr. Commissioner of lncome Tax-2, Hyderabad. ...APPELLANT AND M/s. EPAM Systems lndia Private Limited, (Formerly known as Alliance Global Services lT lndia Private Limited) Hyderabad (PAN No. AAACW2o12R) ...RESPONDENT Counsel for the Appellant: MS. J.SUNITHA Counsel for the Respondent: SRI DUNDU SASHANK MANMOHAN ALONG WITH SRI DARPAN KIRPALANI The Court delivered the following: JUDGMENT

THE HON'BLE SRI JUSTICE P.SAM KOSHY THE HON'BLE SRI JUSTICE NARSING RAO NANI)IKONDA INCOME TAX TRIBUNAL APPEAL No.64 OF 2024 JTIDGMENT: EEr Hon'ble Sri Justie P.Sam Koshyl Heard Ms. J. Sunitha, learned Senior Standing Counsel for Income Tax, appearing on behalf of the appellant and Mr. Dundu Sashank Manmohzrn along with Mr. Darpan Kirpalani, learned counsel appearing on behalf of the respondent. 2. The instant appeal under Section 260-A of the Income Tax Act, 196 l, has been preferred by the Revenue as the appellant against the (t _ order dated 31.08.2023 passed by the Income Tax Appellate Tribunal, Hyderabad "B" Bench, Hyderabad, in I.T.A.No. 189/Hyd/2O16 for the Assessment Year 20 lI- 12. 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 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for AND I reducing litigation. In paragraph 2 of the said Circular, we find that

Page 2 of 3 the monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore. 5. Therefore, tlle appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated L7.O9.2O24. However, if the appeal comes within the exception of Circular No.S of 2024, it 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/.N.CHANDRASEKHAR RAO DEPUTY BEGISTRAR / sEcrgN oFFIcER / To, 4. TwoCDCoPbs TPK YY //TRUE COPY// 1. The lncome Tax Appellate Tribunal' Hyderabad Bench '8" Hyderabad' 2. One CC to MS. J'SUNITHA, Advocate IOPUC] 3. One CC to SRl. DUNDU SASHANK MANMOHAN Advocate IOPUCI 4. In the instant appeal, tax effect is well below the monetary limit.

HIGH COURT DATED:0210712025 JUDGMENT lTTA.No.64 of 2024 ITTA IS DISMISSED ': t.... \, + i o i) 29 lltl 2ffi .sDATCs C.t?Rl' X'-"

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