Principal Commissioner of lncome Tax-1, Hyderabad v. M/s. Sri Sri GruhaNirman lndia Pvt Ltd., Sri Sri House
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Key paragraphs
- 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 However, 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
M/s. Sri Sri GruhaNirman lndia Pvt Ltd., Sri Sri House, H.No.16-2-733/4/2, R B Colony, Dilshuknagar, Hyderabad ...RESPONDENT ...APPELLANT Counsel for the Appellant: SRl. J V PRASAD (SC FOR INCOME TAX) Counsel for the Respondent: SRl. DUNDU MANMOHAN The Court delivered the following: JUDGMENT ! I I n -7 THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HOINOURABLE SRIJUSTICE NARSING R,AO NANDIKONDA ITTA No.67 OF 2024 JUDGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard 1t4r. J.V.Prasad, leamed Senior Standing Cotrnsel for the Income I'ax Department for the appellant. Perused the record.
This eLppeal under Section 260,4. of the Income l'ax Act, I 96 I , has :br:en preferred by the Revenue as the appellant against the o"der d,ated 28.02.2023 passed by the Income Tax Appellate llribunal, Hyderabad Bench 'A', Hyderabad, I.T.A.No.94lH yd/2019 for the Assessment Year 2015-16
Central Board of Direct Taxes (CBDT) has issued Circular No.9 of '2024 dated 17.09.2024, amending the previous Circular I I No.5 of 2024.,lated 15.03.2024,by further enhancing the rnonetary limits for filing appeals by the Income Tax Department before the I I Income Tax Appellate Tribunals, High Courts and Suprerne Court as a measure for reducing litigation. In paragraph 2 of the said 2 ,,.\ Circular, we hnd 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
limit.
Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09-2024 However, 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 of the appeal. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- M. VIJAYA BHASKER JOINT REGISTRAR ECTION OFFIGER To 1 . The Commissioner of lncome Tax (Appeals) -12'. Hyderabad' App"rrri. iriounat,'uvoelabad. B-ench "A" Hvdellpa!' i. +ii; i;iliri 5. o;;'cc 6-snr. L V'pnndno, s-ta'tl"g-C.ounsel for lncome Tax [oPUC] ; il; dc i" sii. ouNDU MANMoHAN, Advocate [oPUC] 5. Two CD CoPies Prlgh ** -.---a .'i'fA r 6 .,'3 7 .,\ [ 5 iiAB 2025 '\:'-t .,',".-. -.\: !".: \. \l! rn-l'{-.1 (, t'
4.. l! c +'., ."<: *-y'' ,*-- HIGH COURT DATED: 3010112025 JUDGMENT lTTA.No.67 ol'2024 I .) DISMISSING T'HE I.T.T.A
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