The Commissioner of Income - tax - IV V. M/s. Matrix Laboratories Ltd,

ITTA/282/2019

AI Insights

The case involves an appeal by the Commissioner of Income Tax - IV, Hyderabad against M/s. Matrix Laboratories Ltd concerning an order passed by the Income Tax Appellate Tribunal, Hyderabad. The appeal was related to the assessment year 2002-03 and challenged the decision made by the Income Tax Appellate Tribunal, which had been previously appealed against the order of the Commissioner of Income Tax (Appeals) V, Hyderabad. The primary legal issue was whether the appeal should proceed given the monetary limits set by the CBDT for filing appeals. The court found that the tax effect was below the prescribed limit of Rs. 1.00 crore, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 720106 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 29-08-2023
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: DUNDU MANMOHAN
• Assessee Lawyers: B SAPNA REDDY
• Keywords: Appeal dismissed; CBDT Circular; Income Tax; Monetary limit
• Section: 2604

Judgement Text

"[ 3386 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY INCOME TAX TRIBUNAL APPEAL No:282 ot 2019 lncome Tax Tribunal Appeal Under section 2604 of the lncome Tax Act, 1961 arising out of the order of the rncome-Tax Appelate Tribunar, Hyderabad Bench , B , Hyderabad, in lrA No. 931rHydt2oos, for assessment year 2002-o3 dated o2-o7 - 2012 preterrcd against the order of the commissioner of rncome Tax, (AppEALS)v, Hyderabad, ITA No.056/DC-16(2)tCtT(A)-Vt2O08_09, dated:22_03_2010, preferred against the order of the Deputy commissioner of rncome circre 16(2), Hyderabad PAN/GlR No.AADCM3491MtM-171, dated 29_08-2008. Between: The Commissioner of lncome - tax - lV, Hyderabad. ...Appellant AND M/s. Matrix Laboratories Ltd, 1-1-15111,|V Floor, Sairam Towers, Alexander Road, Secunderabad. ...Respondent l.A. NO:2 oF 2014 Petition under Section 1sl cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to condone the delay ol 2346 days in representing the l.T.T.A. Counsel for the Appellant: SRI B. SAPNA REDDY, Learned Counsel appearing on behatf of SRt J.V. PRASAD, Senior SC FOR tNaOME TAX -- -rr--\"\"e Counsel for the Respondent: SRI DUNDU MANMOHAN The Court delivered the following: JUDGMENT THE HON'BLE SITI JUSTICE P.SAM KOSIIY AND TTIE HON'BLE SIII JUSTICIi LAXMI NARAYANA ALISHETTY l.T.T.A. No.282 of 2019 JUDGMENT.(per lton'ble Sri .lustice P.SAM KOSHy) fieard Ms.B.Sapna Reddy, learned counsel appearing on behaif'of Mr.J.V.Prasad, learned Senior Standing Counsel for the appellant. 2. 1'his appeal under Section 260r of the lncome Tax Act, 196i. has been pret'en'ed by thc Rcvcnuc as the appellant against the ordcr dL.0?.07.2012 passed by the Income l'ax Appellate-lribunal, Flyderabad Bencl.i 'B', llyderabad, in I.T.A.No.93 lft1yd/2005 for the Assessment Year 1002-03 3. Central Board ol'Direct faxes (CBD'[) has issued Circular No. l7 of 2019 dt.08.08.2019, amending the previous Circular No.3 ol 2018 dt. I i.07.20 18. b1.' further cnhancing thc monetary Iimits for filing appcals by the Income fax Departtrent before the Income 1'ax Appellate Tribunals, I-Iigh Courts and Supreme Court as a measure for reciucir-rg litigation. In paragraph 2 of the said Circular, we find that the monerary limit fixed for filing an appeal beforc the High Court is Rs. 1.00 crore I ( 4. In the instant appcal, [ax elfect is well below the monetary limit 2 5. lhcrcflolc. thc ayrpeal lrlcd bi the I)eparlnrent is disrni:;:;i:d in lcrrns of the alirrcsaicl C ircular o. l7 oil0 l9 dr.0li.0tt.20 I(). onci er. il'rhe appeal cont.:s u irltin rhc c' ccl)tirin undcr. parl_qr-itph l0 oi C-ircular No. j of 20 I8. it ivoLrlci bc opcn to tlte Incortrc 1-ax l)cparlrncnt 1