THE COMMISSIONER OF INCOME TAX -I, HYD. V. A.P. STATE HOUSING CORP. LTD., HYD.

ITTA/308/2011

AI Insights

The case involves an appeal by the Commissioner of Income Tax, Hyderabad against the A.P. State Housing Corporation Ltd., concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was filed under Section 260(4) of the Income-Tax Act, challenging an earlier decision related to the assessment year 2002-03. The primary legal issue was whether the appeal should proceed given the monetary limits set by recent CBDT circulars aimed at reducing litigation. The court found that the tax effect in this case was below the prescribed limit, leading to the dismissal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 697331 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 12-02-2025
• Assessment Year: misc
• Laws Referred To: Income-Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHALLA GUNARANJAN
• Assessee Lawyers: BOKARO SAPNA REDDY
• Keywords: Appeal Dismissal; CBDT Circular; Income Tax; Monetary limit
• Section: 260-4; 26OA

Judgement Text

"13447l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWELFTH 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: 308 OF 2011 Appeal filed under Section 260(4) of the lncome-Tax Act, against the order daled. 21.O1.2011 passed in lTA.No.376 Hyd/10 for the Assessment years 2002-03 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated: 11.12.2009 passed in ITA No.0036 GIT(A)-ll/09- 10 on the file of the Commissioner of lncome Tax (Appeals)-ll, Hyderabad preferred against the Assessment Order dated: 28-11-2008 passed in PAN/GIR No. AABCA7206L A-110 on the file of the Deputy Commissioner of lncome Tax Circle - 1(1), Hyderabad. Between: The Commissioner of lncome Tax- I, Hyderabad .,,APPELLANT AND A.P. State Housing Corporation Ltd. 3-6-184, Himayatnagar, Hyderabad. ...RESPONDENT Gounsel for the Appellant : Ms. Bokaro Sapna Reddy Standing Counsel for lncome Tax. Counsel for the Respondent : Sri Challa Gunaranjan The Court made the following: ORDER THE HON 'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRT JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No.3O8 OF 2011 JUDGMENT: ber Hot 'ble Sri Justice p.Sam Koshs) Heard Ms.Bokaro Sapna Reddy, learned Standin5r Counsel for Income Tax, appearing on behalf of the appellant. 2. The instalt rrppeal under Section 26OA of tire lncome Tax Act, 1961, has been pr,:ferred by the Revenue as the api)cllar t against the order dated 2l .Ol.2Ol1 passed by the Income 'I'a-'r Appcllate Tribuna,l, Hyderabad'4\" Bench, Hyderabad, in I.T.A.No.3T6lHtd12010 for the Assessment Year 2 lO2-03 3. Central Boarcl of Direct Taxes (CBDT) ha,s issued (]jrcr-rlar No.9 of 2024 dated 1.7.O911024, amending the previous Cin:uiai o.5 of 2024 dated 15.03.2024, by further enhancing the moncran lir:rits for filing appeals by the hrcome Tax Department beforc thr: Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigatr.on. In paragraph 2 of the said Circrrlil;-. r,,,,e find that the monetar5r limit fixed for frling an appeal before the High Court is Rs.2.OO crore. I t /4 I I Page 2 of ! 4. In the instant appeal, tax effect is well below the monetar5r limit. 5. Therefore, the appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.O9.2O24. However, if the appeal comes within the exception of Circular No.S 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/- A.v.s.s.c.s.M. NT REG //TRUE COPY// ECTION OFFICER The lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad. The Commissioner of lncome Tax (Appeals)-ll, Hyderabad' The Deputy Commissioner of lncome Tax Circle - ('t), Hyderabad. One CC to Ms. Bokaro Sapna Reddy Standing. Counsel for lncome Tax [OPUC] One CC to Sri Challa Gunaranjan, Advocate [OPUC] Two CD Copies i\"1 .- To, 1 4 5. 6. DL/gh l ! HIGH COURT DATED:1210212025 JUDGMENT |TTA.No.3O8 ol 2011 DISMISSING THE APPEAL R 1Ht: ) c o 0 3 APf 2U5 ( o.,' i-:: # i:-::- "