M/s.Ramgopal Damodarlal, A Partnership Firm vs. Commissioner of Income Tax
What did the High Court hold?
The High Court dismissed the appeal because the tax effect was below the monetary limit prescribed by CBDT circulars for filing appeals. The court noted that the appeal could be revived if it falls under an exception in the circular.
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 1991-92.
What were the issues?
Whether the appeal filed by the Revenue is maintainable given the monetary limits prescribed by CBDT circulars for filing appeals before the High Court.
Which sections of the Income-tax Act were involved?
Section 27(A)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, \
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA WEALTH TAX APPEAL NO: 3 OF 2008 Appeal under Section 27 (A) of the Wealth Tax Act, 1957 arising out of the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench "B" Hyderabad made in W.T.A.No. 474lHydl1997 ( Assessment Year '1991-92 ) dated 07 -O1-2OO3 preferred against the Order of the Commissioner of lncome tax ( Appeals )-l Hyderabad in WTA No. 217 / AC -1 (4)l CIT (A) l/ 94-95 Dated 16-09-1997 preferred against the order of the Asst. Commissioner of Wealth Tax , Circle 1(4) , Hyderabad dated 31-03-94 in PANiGIR No. 5-753 . Between: Commissioner of Wealth Tax-Vl, Hyderabad ...APPELLANT AND Nb. Salabath Ali Khan, Hyderabad ...RESPONDENT Counsel for the Appellant: Ms. Bokaro Sapna Reddy Counsel for the Respondent: NONE APPEARED The Court made the following ORDER:
+- THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA WEALTH TAX APPEAL No.3 0F 2008 JUDGMENT : @er Hon'ble Sn Jusrrce P,som Koshy./ Heard Ms.Bokaro Sapna Reddy, learned Standir-rg Counsel for Income Tax, appearing on behalf of the appellant. 2. The instant appeal under 27(A) of the Wealth la_x Act, 1957, has been preferred by the Revenuc as the appellant against the order dated 07.O 1.2003 passed by the Income Tax Appellate Tribunal, \ Hyderabad "8" Bench, Hyderabad, in W.'t.A.No. +7a l\dlt997 for the Assessment Y ear l99l-92. 3' centrai Board of Direct Taxes (CBDT) has issued circular No.9 or' 2024 dated 17 .o9.2024, amending thc previous circurar No.5 of 2024 dated 15.o3.2024, by lurther enhancing the monerar-,,, Iimits for filing appeals by the Income Tax l)epartment belorc the Income Tax Appellate Tribunals, High courts and Supreme cou:t as a measure for reducing litigation. ln paragraph 2 ot the sard cirr:urar, we find that the monetar)z limit fixed for filing an appeal before the High court is Rs.2.0O crore. r/ \ \
Page 2 of 3 4. In the instant appeal, ta-x effect is well belor.r, the monetary limit. 5. Therefore, the appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2O24 dated 17.O9.2024. However, if the appeal comes uzithin 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. As a sequel, miscellaneous applications pending if any, shall stand closed. SD/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The lncome Tax Appellate Tribunal, Hyderabad Bench "B" Hyderabad 2. The Commissioner of lncome tax ( Appeals )-t Hyderabad 3. The Asst, Commissioner of Wealth Tax , Circle 1(4)., Hyderabad 4. One CC to SRl. BOKARO SAPNA REDDY, Advocate [OPUC] 5. Two CD Copies kul/gh
/ HIGH COURT DATED:1310212025 ORDER WTA.No.3 of 2008 DISMISSING -fHE APPI]AL wIr'Hour' cos'r's 2 4 luil 295 o t)e 5 i;i 't.^ ./. , J) ,< I (rt' a) * S,.arC,rf-C 4 /-b tlfl
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