The Commissioner of Income Tax VI V. M/s.Kanaka Durga Wines

ITTA/335/2012

AI Insights

The case involves an appeal by the Commissioner of Income Tax VI, Hyderabad against M/s. Kanaka Durga Wines concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The original dispute pertained to the assessment year 2006-2007. The appeal was dismissed by the High Court of Telangana at Hyderabad based on the monetary limits set for filing appeals by the CBDT, aimed at reducing unnecessary litigation in lower tax effect cases.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 741696 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 17-02-2025
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: BOKARO SAPNA REDDY
• Keywords: Assessment Year 2006-2007; Dismissal of appeal; Income Tax Tribunal Appeal; Tax effect below monetary limit
• Section: 2604

Judgement Text

"13447 ) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SEVENTEENIH 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: 335OF 2012 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,1961 against the order dated 16-12-2011 passed in ITA No. 815lHydl2011 for the Assessment Year 2006-2007 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad preferred against the Order dated 28-02-2011 passed in Appeal No.222lClT(A)/Tr.A/JA/10-1 1 on the file of the commissioner of lncome Tax (ApBeals), vijayawada preferred against the order dated 31-12-2009 passed in PAN.No.AAHFK4STBJ on the file of the lncome Tax Officer, ward -9(3) Hyderabad. Between: The Commissioner of lncome Tax Vl, Hyderabad ...Appellant AND M/s.Kanaka Durga Wines, No. 2-42t8 and 9, Sai Nagar, Chaitanyapuri, Hyderabad. ...Respondent Counsel for the Appellant : Ms. Bokaro Sapna Reddy, Sc f6r lncome Tax Counsel for the Respondent : - - - The Court delivered the following: Judgment THE HON'BLE SRI JUSTICE P.SAIvI KOSHY AND TI{E HON'BLE SRI JUSTICE NARSING RAO NANDII{ONDA INCOME TAX TRIBUNAL APPEAL No.335 oF:2O12 JUDGMENT: g,er u )t 'bte sn rustlct: p.sam Koshs) Heard Ms Bokaro Sapna Reddy, learned Stairdinls ( lounsel for Income Tax, apprearing on behaif of the appellant 2. The instarL[ ]1ppea1 under Section 260l of the lncorrc Tax Act, 1961, has been preferred by the Revenue as the appellali -rgaiinst the order dated 16.1i'.2O11 passed by the Income Tax {poeli:,rr: 'llribunal, Hyderabad \"B\" B,:nch, Hyderabad, in I.T.A.No.i;1:j/H1...1,'r{li 1 lor the Assessment Yea' 2O06-2007. 3. Central Boarl of Direct Taxes (CBDT) has ir,rsu,:C Circr ler lrl.:.r; ci 2024 dated 17 .A9.2,024, amending the previou-s ilirr:r rirr' :.tt , :., i.,i '/)_t)2tl dated 15.O3.2O24, by further enhancing the mcrncL,rn' li;r.,.s lor liiing appeals by ttre Income Tax Department bc-lirrr: r-he :, i:r:;r;. T':tx Appellate Tribunat:;, High Courts and Supremr: (l.oll.t i:s ir l-_.{t:rs,.tic for reducing litigation. In paragraph 2 of tlne said Ciirrular. r\"/.r ilnd that the monetary lirnit fixed for frling an appeal ltt-forr: tlr {jri n Court is Rs.2.O0 crore. I I Page 2 of 3 + In the instant appcal, tax effect is well below the monetary limit' 5. Therefore, the appeal hled by the Revenue is dismissed in terms of the aforesaid circular No.9 of 2o24 dated, 17.o9.2o24. However, if the appeal comes u'ilhin the exception of Circular No'S of 2024 ' it would Lrc opcn to 1.hr: Itrcome Tax Department to seek revival of the appeal. No costs. 6. As a sequel, rr,iscellaneous applications pending if any' shall stand clo ser i //TRUE COPY// Sd/- M. VIJAYA BHASKER JOINT REGISTRAR ECTION OFFICER To ADI(PR 1 2 J 4 5 The lncome Tax Appellate Tribunal, Hyderabad Bench.'8\" Hyderabad The Commissionei of lncome Tax (Appeals), vijayawada The lncome Tax Officer, Ward -9(3) Hyderabad OnL CC to Ms. Bokaro Sapna Reddy, Sc for lncome Tax' [OPUC] Two CD CoPies HIGH COURT DATED:17102t2025 JUDGMENT ITTA.No.335 ot 2012 DISMISSING THE ITTA WITHOUT COSTS o* 574 /4. 1t r.rn ?es a iJ ( ) ', rl: "