Commissioner of Income TAx-III, IT Towers V. M/s. Crescent Real Estates

ITTA/130/2012

AI Insights

This case involves an appeal by the Commissioner of Income Tax-III against the order of the Income Tax Appellate Tribunal, Hyderabad, which was dated 13.05.2011. The appeal was related to the assessment year 2006-2007 and concerned the tax assessment order passed on 26.12.2008 by the Joint Commissioner of Income Tax, Range-8, Hyderabad. The primary legal issue was whether the appeal should proceed given the monetary limits set for litigation by the CBDT. The court's decision to dismiss the appeal was based on the updated monetary limits which aim to reduce unnecessary litigation.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 736070 (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: DANTU SRINIVAS
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal Dismissal; CBDT Circular; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"* 13447 , tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SRI JUSTICE P\"SAM KOSHY ANI) THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 130 OF 2012 Appeal filed under Section 260(A) of the lncome.Tax Act., 1961, against the order dated 13.05.2011 passed in lTA.No. 494/Hydl2010 for the assessment year 2006-2007 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'B' Hyderabad preferred against the order dated 26.02.2010 passed in lTA.No. {.,'! o126tClT[A]-lll/08.09 on the file of the commissioner of lncome Tax (Appeals)-lll, Hyderabad preferred against the Assessment order dated 26.12.2008 passed in PAN/GIR No. AAEFC-1296-N on the file of the Joint commissioner of lncome Tax, Range-8, HYderabad. Between: Commissioner of lncome Tax-lll, lT Towers, A.C. Guards, Hyderabad ...Appellant AND lvl/s. crescent Real Estates, 9-4-771N2361A, 41-Hasmath colony Lane beside Bandhan Function Hall, Tolichowki Hyderabad ...ResPondent Counsel for the Appellant : Ms. B. Sapna Reddy Standing. Counsel representing Mr. J.V. Prasad Senior Standing Counsel for the lncome Tax Department Counsel for the Respondent : Sri Dantu Srinivas The Court delivered the following: I I .d HONOURABLE SRI JUSTICE P'SAM KOSHY AND rHE HoNoIIRABLE sRi Jusrrcn NARSING RAo NANDIKONDA ITTANo. 130 0F 2012 JUDGMENT': /Pct Hon 'ble Sri Justice P.Sam KoshY) Heard Ms' B'Sapna Reddy' leamed Junior Standing Counsel representing Mr' J'V'Prasad' leamed Senior Standing Counsel for the lncome Tax Department for the appellant' Perused the record' This appeal under Section 260,{ of the Income Tax Act' 1961, has been Preferred bY the Revenue as the aPPellant against the order dated 13'05'2011 passed by the Income Tax Appellate T'ribunal, Hyderabad Bench 'B\" Hyderabad' in I.T.A.No.494/HYD/2010 for the Assessment Year 2006-07 ' 3.CentralBoardofDirectTaxes(CBDT)hasissuedCircular No.9 of 2024 dated l7'Og'2024' amending the previous Circular No.5 of 202'1 dated 15'03'2024' by further enhancing the monetary timits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court ) t I 2 a as a measure for reducing litigation. ln paragraph 2 of the said Circular, we find that the monetary limit fixed for fiting an appeal before the High Court is Rs.2.00 crore. 4. In the instant appeal, tax effect is well below the monetary Iimit. 5. Therefore, the appeal frled by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09'2024' 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 ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/. K. SRINIVASA RAO INT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal Hyderabad Bench 'B' Hyderabad 2. TheCommissioner of lncome Tax (Appeals)-lll, Hyderabad' 3. The Joint Commissioner of lncome Tax, Range-8' Hyderabad' 4. One CC to Ms. B. Sapna Reddy Standing Counsel [OPUCI 5. One CC to Sri Dantu Srinivas, Advocate IOPUC] 6. Two CD CoPies DL/gh o % d?: ! Ls. HIGH COURT DATED:18/0212025 ORDER t- ::. lTTA.No.130 of 2012 DISMISSING TFlE ITTA. ,ff.. tHf STe 2 4 fiAB 2025 o (.) 6( I ) t F oar^rr(' €' t-<,-b. "