COMMISSIONER OF INCOME TAX-III, HYD V. M/S VIBHA AGROTECH LTD., HYD

ITTA/297/2012

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III, Hyderabad against an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was related to the assessment year 2002-2003. The primary legal issue was whether the appeal should proceed given the monetary limits set by the CBDT for filing appeals. The Department's appeal was dismissed based on the monetary threshold, as the tax effect was below the specified limit of Rs.2.00 crore. The court referenced the CBDT Circular No.9 of 2024, which aims to reduce litigation by setting monetary limits for appeals.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 699360 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 18-02-2025
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: G V AMBESWAR
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal Dismissal; CBDT Circular; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[3447 I THE HON'BLE SRI JUSTICE P.SAM KOSHY rHE HoN,BLE sRr JUST.fNR*.,\"o RAo NANDTKoNDA INCOME TAX TRIBUNA L APPEAL No:297 ot 2O12 Appear fired under Section 260(4) of the rncome-Tax Act., 1g61, against the order dated 18-06-2010 passed in rrA. No.4g0/Hy dt2oog for the assessment year 2002-2003 on the fire of the rncome Tax Appeilate Tribunar Hyderabad Bench ,8, Hyderabad preferred against the order dated 2g-12-2007 passed in Appeal.No.048Ttcr(A)-tvtDc-3(3)t2oo6-oz on the fite of the commissioner of lncome Tax (Appeals)-lv, Hyderabad preferred against the order dated 26_12_2006 passed in PAN/G.R No.AAACV g157 A on the fire of the Deputy commissioner of lncome Tax, Circle-3(3), Hyderabad. Between: Commissioner of lncome Tax-lll, l.T. Towers, A.C. Guards, Hyderabad AND ...Appellant IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT Mis Vibha Agrotech Ltd., 501, Shuban Sirisampada, Raj Bhavan Road, Somajiguda, Hyderabad. ...Respondent Counsel for the Appe ant: Ms. B. Sapna Reddy, Junior Standing Counsel representing Mr. J.v. prasad, senior standing -counser for rncoire Tax Departrnent counsel for the Respono\"r,' #i. f;rr6tl?::r\" counset representins The Court delivered the following: JUDGMENT THE IIONIOURABLE SRI JUSTICE P.SANT KOSTTY AND THE IIO IOURABLE SRIJUSTICE NARSING RAO NANDIKONDA ITTA No.297 0F 2012 JUDGMEI{T (per Hon'ble Sri Justice P Sam Koshy) Heard tr4s. B.Sapna Reddy, leamed Junior Standing Counsel re presenting Mr. J.V.Prasad, leamed Senior Standing Counsel fcr th: Income Tax Department for the appellant and Mr. G.V.Ambetwar, learned counsel representing MN Advocates' Perused tht: rec crd. 2. This app,eal under Section 260A of the lncome 'I'ax Act' 1961, has br:,:n preferred by the Revenue as the appellant against thc or,ler dated 18-06.2010 passed by the [ncome Tax Appellate Tlibunal, Hyderabad Bench 'B', Hyderabad, in I.T.A.No.480IIIYD/2008 for the Assessment Year 2002-03' 3 Cen -ral 3oard of Direct Taxes (CBDT) has issued Circular No.9 of 2J24 dated, 17.09.2024, amending the previous Circular No.5 of 2(,24 rtated 15.03.2024, by further enhancing the rnonetary limits for irlinl; appeals by the Income Tax Deparlment br:fore the 2 Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we find rhat rhe monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore. 4 In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated l7.Og.;024. However, if the appeal comes within the exception of Circular No.5 of 2024, it would be open to the Income Tax Department to seek revival of the appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. SRINIVASA RAO J INT REGISTRAR //TRUE COPY// SECTION OFFICER '1. The lncome Tax Appellate Tribunal Hyderabad Bench 'B' Hyderabad. 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad. 3. The Deputy Commissioner of lncome Tax, Circle-3(3), Hyderabad. 4. One CC to tVlr. J.V. Prasad, Senior Standing Counsel for lncome Tax Department[OPUC] 5. One CC to Mr. G.V.Ambeswar, Advocate representing MN ADVOCATES loPUCl 6. Two CD Copies To, kam/eh ft, HIGH COUR.T DATED:1UA2li'.025 JUDGMENT lTTA.No.29't o12012 DISMISSIN(3 OF THE APPEAL 1rlc. ., I11, r o^* ,1. . ti r 21r2s : l) .l :) I i: i, 0? Rpn o .,1,':;l';,r,'a' c.J> rol'w B ':'-:: "