Commissioner of Income Tax-III, V. M/S Namah Estates

ITTA/510/2012

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 in favor of M/s Namah Estates. The appeal was related to the assessment year 2005-06. The primary legal issue was whether the appeal should proceed given the monetary limits set by the CBDT for filing appeals. The court considered the recent amendments to the monetary limits for appeals and found that the tax effect in this case was below the threshold, leading to the dismissal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 727918 (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: K VASANT KUMAR
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260-4

Judgement Text

"13447 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTEENTH DAYOF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No: 510 of 2012 lncome tax Tribunal Appeal under Section 260-4 of the lncome tax Act, 1961 , against the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench A, Hyderabad in ITA No.507/Hyd/2009 for Assessment Year 2005-2006 dated 25-1'l- 2009, preferred against the Order of the Commissioner of lncome Tax (Appeals) lV, Hyderabad dated 30-01-2009 in Appeal No. 227llT0-6(1yClT(A)-lV/06-07, preferred against the Ord-er of the lncome{ax Offlcer, Ward-6(1), Hyderabad dated 27-12- 2007 in PAN/GIR No.AADFN 6354R / N-346 Between: Commissioner of lncome Tax-lll, IT Towers, AC Guards, Masab Tank, Hyderabad. ...Appellant AND M/s Namah Estates, Plot n0.7, Doyen Galaxy, 6th floor, Srinagar Colony, 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 K. Vasant Kumar The Court delivered the following: JUDGMENT ,. -]:,,'}: t.:==;7 2./ : '=l THE HONOURABLE SRI JUSTTCE P.SAM KOSHY AI D THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.510 OF 2012 JUDGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior Standing Counsel for the Income Tax Department for the appellant' Perused the record. 2. This appeal under Section 260.4 of the Income '[ax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 25.11.2009 passed by the lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad, in I.T.A.No.507/HYD/2009 for the Assessment Year 2005-06' 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by fuither enhancing the monetary limits for filing appeals by the Income Tax Department before the lncome Tax Appellate Tribunals, High Courts and Supreme Court I I 2 as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore. 4. In the instant appeal, ta.x effect is well below the monetary limit. 5. Therefore, the appeal hled 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 //TRUE COPY// Sd/- K. SRINIVASA RAO JOINT REGISTRAR SECTION OFFICER I I i To, 1. The lncome Tax Appellate Tribunal' Hyderabad Bench A' Hyderabad' i. in\" c\"**itsrn\"i bt lncome Tax (Appeals) lV' Hyderabad' 5. rne tn\"orn\"-tax Officer, Ward-6(1 ), Hyd-erabad 4. one CC to Mr. J. v.'P;;;;,-b;;ioi Standing Counsel for the lncome Tax Department[OPUC] s. OnL cc to Sri K. V-asant Kumar, Advocate [oPUC] 6. Two CD CoPies kam { t HIGH COURT DATED:1810212025 JUDGMENT !TTA.No.S10 ot 2012 DISMISSING OF THE APPEAL 2 3 APR 2025 * Og atcP9O 1ilE STATt- ck ( q J c il / t,j ,- i g g // / /s/r/ i I "