Commissioner of Income Tax-III, Hyderabad. V. M/S Vijai Electricals Limited,

ITTA/301/2007

AI Insights

The case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against M/s Vijai Electricals Limited concerning an income tax assessment for the year 1995-96. The appeal was directed against the order of the Income Tax Appellate Tribunal, Hyderabad, which had previously decided on the matter. The primary legal issue was whether the appeal should proceed given the monetary threshold for litigation as specified in recent circulars aimed at reducing litigation in tax matters. The court examined the applicability of these circulars to the case at hand and determined that the tax effect was below the required threshold, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 735164 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 09-08-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: A V R SIVA KARTIKEYA
• Assessee Lawyers: S R ASHOK
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 2604

Judgement Text

"[ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETW INCOME TAX TRIBUNAL APPEAL No: 301 OF 2007 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act, 1961 arising out of the order of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad in ITA No.34'1lHyd/1999, Assessment Year: 1995-96, dated 11-07 -2003 preferred against the Order of the Commissioner of lncome Tax, (Appeals)-3, Hyderabad, Appeal No.383/DC SR-1/CIT4-3/98 99,dated:25-02-1999 preferred against the Order of the Deputy Commissioner of lncome Tax, (Assts) Special Range-|, Hyderabad, PAN/GlR No.V-4, daled 29-12-1997. Between: Commissioner of lncome Tax-lll, Hyderabad. ...APPELLANT AND M/s Vijai Electricals Limited, Plot No. 28, lDA, Balanagar, Hyderabad. ...RESPONDENT Counsel for the Appellant: SRI S.R. ASHOK, SC FOR INCOME TAX Counsel for the Respondent: SRI A.V.R.SIVA KARTIKEYA The Court delivered the following: JUDGMENT TH )I{ON'BLE SRI JUSTICE P.SAM BOSHI- AND THE HON'E .E SRI JUSTICE LAXMI NARAYANA AL] S){E!]TY I.T.T.A. No.3Ol of 2OO7 JUDGMENT:f ,et ,Jo '1, t,.(riJrr-slice P. SAIyI KOS-&Y/ Heard Sri S R. Ashok, learned counsei for :'ie irppellant limits for filirrg a peals by the Income Tax Deprrrtnr€r) - b()fore the 2. This :Lp1:e; I ur-rder Section 2604 of the Irtr:o''re T:x Act, I 96 1 . has br:er oreferred bl the Revenue as t tro .rppellant against the orc ::. <1t.1 1.07.2003 passed by tlrt: 1 -rcome Tax responden t Appellate l'ribt riJ, Hyderabacl Bench 'B'. [i1rl,:rabad, 1n ITA.No.3.1 I / Hf d I 9!)9 for the erssessment year 199r;- L9!)6. 3. Cer-rtral Elc .rl of Direct 'l'a-xes (CBDT) hirs is;s r.r :d Circular and Sri A.!'.li Siva Kartil. ' r. -// , '1. -/.-/ .,, ;/ .t )z-:):. r': "