The Commissioner of Income Tax-III, vs. SVEC Constructions Limited
What did the High Court hold?
The High Court dismissed the appeal based on the CBDT circulars which prescribe monetary limits for filing appeals. The court noted that if the appeal falls under an exception in the circular, the Revenue can seek revival.
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 below the monetary limit set by CBDT circulars for filing appeals.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the low tax effect in light of CBDT circulars on 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
'': 43447 | IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSORY, 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: 9 OF 2008 AppealunderSection2T(A)oftheWealthTaxAct,l95Tarisingoutofthe order of the lncome Tax Appellate Tribunal, Hyderabad Bench "8" Hyderabad made in w.T.A.No. 163/Hyd/1997 dated 21-01-2003 prefened against the order of theCommissioneroflncometax(Appeals)-lHyderabadinAppealNo' y-,g 282lAC1(3yClT(A)l/95-96 Dated 13-03-1997 preferred against the order of the AssistantCommissionerofWealthTax,Circlel(3),HyderabadmadeinPAN/GIR D-705 dated 30-03-1995 Between: Commissioner of Wealth Tax-Vl, Hyderabad AND Nb.Danish Ali Khan, Hyderabad Counsel for the Appellant: Ms. BOKARO SAPNA REDDY' S.C. FOR INCOME TAX Gounsel for the ResPondent: ---- The Court delivered the following: JUDGMENT .,.APPELLANT ...RESPONDENT f
T}IE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON''BLE SRI JUSTICE NARSING RAO NANDIKONDA WEALTH TA)( APPEAL No.9 OF 2OO8 JUDGMENT: lter 1{ 'L'bte S.rJustice P.Sam Koshu) appeals by tlre .ncome Tax Department before the Income Tax Heard M s. Bokaro Sapna Reddy, learned Standir-r5; Counsel for Income Tax, alrpea.ring on behalf of the appellant 2. The instr nt zrppeal under 27(A) of the Wea,lth Ta-x -A.ct, 1957, has been preferre< by the Revenue as the appellant against the order dated 21.01.200.3 passed by the Income Tax Appellate Tribunal, Hyderabad "13' Bt:nch, Hyderabad, in W.T.A.No.163 lHyd/1997 for the Assessment Ye ar I 990-9 1 3. Central Iioard ol Direct Taxes (CBDT) has issued Crrcu]ar No.9 of 2024 dated 17.09'.2024, amending the previous Circular No.5 of 2024 dated 15.03.21124 , by further enhancing the monetary limits for filing I Appellate TribrLnals, High Courts and Supreme Courl as a measure for reducing litigation. In paragraph 2 of the said Circular, we hnd that the monetarl, irni- fixed for filing an appeal before the High Court is Rs.2.00 crorc I
Page 2 of 3 4 5 In the instant appeaJ, tax effect is well below the monetary limit. Therefore, the appeat filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.Og.2O24. However, if the appezrl 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. Asa sequel, miscellaleous appiications pending if any, shall l , , Il q"? starld closed Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench "8" Hyderabad 2. The Commissioner of lncome tax (Appeals )-l Hyderabad 3. The Assistant Commissioner of Wealth Tax , Circle 1 (3), Hyderabad 4. One CC to Ms.Bokaro Sapna Reddy, S.C. for lncome Tax [OPUC] s. Two CD Copies Plp/gh o To, , r.' \\
I HIGH COURT DATED:13111212025 JUDGMENT WTA.No.9 of 2008 DISMISSING THE APPEAL frtE S TAI(. (.) ). ( * c. ((' :a C. 01 ApF .1rJzl \ r:. "1 C6. * tit a T(.,,tr-o f I I i I I I i I i I l I yD
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