Commissioner of Income Tax-VI V. Hansa Overseas Eenterprises

ITTA/416/2010

AI Insights

The case involves an appeal under Section 260A of the Income Tax Act, 1961, by the Commissioner of Income Tax-VI, Hyderabad against the order of the Income Tax Appellate Tribunal, Hyderabad 'B' Bench. The original dispute pertained to the assessment year 2001-2002. The appeal was dismissed by the High Court of Telangana at Hyderabad due to the monetary limits set by the CBDT for filing appeals, which aimed at reducing litigation. The court's decision was based on the CBDT's Circular No.9 of 2024, which amended previous circulars to enhance the monetary limits for filing appeals in various courts.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 728326 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 03-02-2025
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: A V KRISHNA KOUNDINYA
• Assessee Lawyers: S R ASHOK
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"13447 1 Appeal under section 260 A of the lncome Tax Act' 1961 ' against the orders dated 29_03.2005 passed in ITA No.1210/Hydl2000 for the Assessment year 2001-2OO2 on the file of the court of the lncome Tax Appellate Tribunal i{yderabad Bench \"8\" preferred against the Order dated: 08. 10.2004 passed in Appeat No.0101/ACIT-7(1)/ClT(A)-Vl/2004-05 on the file of the commissioner of lncome-Tax (Appeals)-Vl 12rH Fioor, Gagan Vehira, M.J Road, Hyderabad-S00 001 preferred against the order dated: 3'1 .03.2004 passed in PAN/GlR.NO' AABFHOSSGJi H-301 on the file of the Assistant Commissioner of lncome Tax Circle-7(1 ), Hyderabad. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 416 OF 2010 Commissioner of lncome Tax-Vl, Hyderabad Between: AND Hansa Overseas Enterprises, 1 2-2-7 09, Beerban, Hyderabad Counsel for the Appellant(s):SRl. S R ASHOK Counsel for the Respondents: A V KRISHNA KOUNDINYA The Court made the following: ORDER ...APPELLANT ...RESPONDENT -v THItr HON'BLE SRI JUSTICE P.SAM KOSHY THE HON'IILE SRI JUSTICE NARSING RAO NANDIKONDA AND INCOME TA)( TRIBUNAL APPEAL No.4l6 of 2OlO JUDGMENT: (per the Hon'ble Sn Justice p. Sam Koshg) Heard Ms. Bokaro Sapna Reddy, learned Junior Standing Counsel for Income Tax appearing on behalf of the appellant and Mr. A.V. Krishna Koundinya, learned counsel for the respondent. 2. The instant appeal under Section 260A of the Income. Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 29.o3.2oos passed by the Income Tax Appellate Tribunal, Hyderabad \"8\" Bench, Hyderabad, in I.T.A.No. t2lO/Hycl/2OO4 for the Assessment Year 2OO1-O2. 3. centra-l Boar-d of Direct Taxes (CBDT) has issued circular No.9 of 2024 dated l7-o9.2o24, amending the previous circular No.S of 2o24 dated 15.o3- 2o2a, by further enhancing the monetary limits for hling appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High courts and Supreme court 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.o0 crore. t I In the instanr appeal, tax effect is well below the moneta5r limit. 4. Page 2 ol 2 5. Therefore, the appeal frled by the Revenue 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 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// ECTION OFFICER pr 1. The lncome Tax Appellate Tribunal Hyderabad Bench \"B\". 2. The Commissioner of lncome-Tax (Appeals)-Vl 12rH Floor, Gagan Vehira, M.J.Road, Hyderabad-S0O 001 3. The Assistant Commissioner of lncome Tax Circle-7( 1), Hyderabad. 4. One CC to SRl. S R ASHOK, Advocate IOPUCI 5. One CC to SRl. A V KRISHNA KOUNDINYA, Advocate [OPUC] 6. Two CD Copies To -i HIGH COURT DATED: 0310212025 JUDGMENT ITTA.No.416 of 2010 DISMISSING THE I.T.T.A oo-ttrE sI4 .€: f' -) ) '9 % 0 3 l 1A:i 2025 (' z a ) lit.e.iI,AT1.L qlo I "