✦ Telangana High Court

The Commissioner of lncome Tax - lV, Hyderabad v. Nagarjuna Aqua Exports Ltd., 6, Nagarjuna Hills, Punjagutta, Hyderabad - 82

P SAM KOSHY, P SAM KOSIIY, NARSING R2 min read

Case at a glance

Key paragraphs

  • Para 33. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previou:' Circular No.5 of 2024 dated 15.03'2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income 'fax r\ppe1late Tribunals, High…
  • Para 55. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. T{owever, if the appeal comes within the exception of Circular No.5 of 2024, it would be open to the Income Tax Department to seek…

Judgment

Counsel for the Appellant: Ms. B. SAPNA REDDY, JUNIOR S.C. REP. FOR SRI J.V. PRASAD, SENIOR S.C. INCOME TAX DEPT. Counsel forthe Respondent: SRI A. V. RAGHU RAM The Court delivered the following: JUDGMENT ' I i t -Z I I r THE HONOURABLE SRI JUSTICE P.SAM KOSIIY AND THE HONOT]RABLE SRI JUSTICE NARSING R,'\O NANDIKONDA ITTANo. 269 oF 2012 JUDGMENT (per Hnn'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior S:anding 'l)erused Counsel for the Income Tax Department for the appellant' the record.

2.

This appeal under Section 260.4 of the Income '[ax Act' lg6l,hast, eenpreferredbytheRevenueastherrppellant against the rrlder dated 27.06-2008 passed by the lnc'rme Tax Appellate l'ribunal, Hyderabad Bench 'B', Hyder:rbad' in I.T.A.No.99lltryD/2006 for the Assessment Year 2003-0'+'

3.

Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previou:' Circular No.5 of 2024 dated 15.03'2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income 'fax r\ppe1late Tribunals, High Courts and Supre'me Court I , 2 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.2.00 crore. In the instant appeal, tax effect is well below the monetary

4.

limit.

5.

Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. T{owever, 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 ofthe appeal. There shall be no order as to costs.

6.

Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.K.SRINIVASA RAO JOINT REGISTRAR s CTION OFFICER To, 1 2 4 5 Ct Plp/PSL The lncome Tax Appellate Tribunal Hyderabad Bench 'B', Hyderabad The Commissioner of lncome Tax (Appeals)-V, Hyderabad The Assistant Commissioner of lncome Tax, Circle-16(1), Hyderabad. One CC to Sri J.V. Prasad, S.C. for lncome Tax [OPUC] One CC to Sri A. V. Raghu Ram, Advocate [OPUC] Two CD Copies HIGH COURT DATED:1810212025 \ JUDGMENT ITTA.No.269 ot 2012 .HE S 14 Ro ( ( r i (- 1 a flr.i t Os- )aTC I ot1 DISMISSING THE APPEAL ql?r{ \

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