The Commissioner of Income tax-I V. M/s. Divis laboratories Limited

ITTA/199/2018

AI Insights

This case involves an appeal by the Commissioner of Income Tax-1, Hyderabad against Divi's Laboratories Limited concerning an income tax assessment for the year 2004-05. The appeal was directed against the order of the Income Tax Appellate Tribunal, Hyderabad, which had previously decided on the matter. The primary legal issue was whether the appeal should proceed given the monetary limits set by the CBDT for filing appeals in tax matters. The court found that the tax effect was below the prescribed monetary limit of Rs. 1.00 crore, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720150 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 07-08-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: GVN HARI
• Assessee Lawyers: J V PRASAD
• Keywords: Appeal; Dismissal; Income Tax; Monetary limit
• Section: 260A

Judgement Text

"[ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY; THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYANA INCOME TAX TRIBU NAL APPEAL No: 199 OF 2018 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act, 1961 arising out of the order of the lncome-Tax Appellate Tribunal, Hyderabad Bench ' A' Hyderabad, in ITA No.11lHydl2O12, for Assessment Year 2004-05 daled:12-O7-2013 preferred against the Order of the Commissioner of lncome Tax, (Appeals)-ll, Hyderabad, lTA. No.0201/ClT(A)-ll/2009-10, dated:1 3-10-201 1 ' preferred against the Order of the Deputy Commissioner of lncome Tax, Circle -1(2), Hyderabad, P.A.N / G.l.R No. AAACD6745J, dated 17-12-2009. Between: The Commissioner of lncome tax-1, Hyderabad ..,APPELLANT AND lVis. Divi's laboratories Limited, 7-1-77lEl1l3O3, Divi towers, Ameerpet, Hyderabad- ...RESPONDENT Counsel for the Appellant: SRI J.V. PRASAD, SC FOR INCOME TAX Counsel for the Respondent: SRI G.V.N. HARI The Gourt delivered the following: JUDGMENT THE HON'BLE SRI JUSTICE P.SAM KOSITY AND THE HON'BLE SRI JUSTICE A. LAXMI NARAYA]{A I.T.T.A. No. 199 of 2O18 JUDGMENT:4,r., i lotL'bic Sn,tustite p.SAM I{OSHy) Heat'd Sri.I_V_Prasad, learned Senior Standing Counsel appearing for the appellant. 2. This app:al under Section 260A of the Incomc Tax A.t, 1961, has been prefcrrccl by the Revenue as the appellant againjt the order dt.l2.O7.2013 passed by the Income Ta_x Appellate Tribunal, Hyderabad Bench 'A', Hvd':ri1[261, in l.T.A.No.1l/Hydl2ol2 for the Assr:ssment yeaf 2004 05. 3. Centraal E oard of Direct Ta-res (CBDT) has issued Circular No. I 7 of 20l9 dt.08.rJ8.2019, arnending the previous Circular No.3 of 2OI8 dt. 11.07.20 18, 1r1, further enhancing the monetary limits for -rling appeals by the Incomc 'l ax Department bcfore the Income Tax Appellate Tribunals, High Courts :ur I Supreme Court as a measure for reducing titigation. In paragraph 2 of .he said Circular, we frnd that the monetary limit fixed for hling an appeal Irefore the High Court is Rs. 1 .OO crore_ 4 ln the insrant appeal, ta-x effect is well below the monetary lirnit_ 5- Thereforc, thc appeal hled by the Department is dismissed in terms of the aforesaid Circular No.t7 of 2019 dt.08.08.2019. However, if the appeal comes within th( exception under paragraph 1O of Circular No.3 of 2Olg, it r':j 2 ------E 1 uoui(l l)e open to the Incornc Ta_x Dep.utmcnt to scek revr al ol the lpl)eal No ordcr as to costs. 6 Consequently, misccllarcous peritions pending, if any, shall sr_and clo sec.l //TRUE COPY// Sd/-K,SRINIVASA RAO JOINISEGISTRAR secl?Rorrrcen To, 1. The lncome-Tax Appellate Tribunal, Hyderabad Bench 'A ' Hyderabad. 2. The Commissioner of lncome Tax , (Appeals)-ll, Hyderabad. 3. The Deputy Commissioner of lncome Tax, Circle -1(2), Hyderabad. 4 One CC to SRI J.V. PRASAD, SC FOR INCOME TAX [OPUC] 5 One CC to SRI G.V.N. HARI, Advocate [OPUC] 6. Two CD Copies kar.r *P' =::-'--d--r- I I I ( I I I I HIGH COUF:T PSK,J & LN,q,J DATED:071A8t2023 JUDGMENT ITTA.No.199 of 2018 THE APPEAI. IS DISMISSE D 1- ,-l:a--'.-- $-IA 16 o { ). { >1 , _-i, .7 ii i, C) 15 EPl@ * ,.,,r.,.:-.i ' *q..-_:,.11 -- .-5 Y: rrs \"(o$' "