The Commissioner of Income Tax-lll, l.T. Towers, A.C. Guards, Hyderabad v. M/s. Vijai Electricals Limited
Case at a glance
Key paragraphs
- Para 33. Cenh'al Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 202.1 dated 15.03.2024, by further enhancing rhe monetary limits for filing appeals by the Income Tax Departmenr before the , , t I 2…
- Para 55. Therefore, the appeal filed by the Deparlrncnt is dismissed in tenns of the aforesaid Circular No.9 of 2024 daled 17.09.2024. However, if thc appeal comes within the exccptior.r of Circular No.5 of 2024, ir would be open to thc lrtcorne Tax Department to seek…
Judgment
Counsel for the Appellant: Ms. B. Sapna Reddy, Standing Gounsel representing Mr. J. V. Prasad, Senior Standing Counsel for the Income Tax Department Counsel for the Respondent: Mr. A.V.A. Siva Kartikeya The Court delivered the following: JUDGMENT I THE ITONOURAI}LE SRT JUSTICE P.SAM KOSIIY AND THE HONOTIRABLE SRT JUSTICE NARSTNG IIAO NANDIKONDA iTTA No.334 OF 2012 .IUDGMENl . ttrr l{on'ble,\ri .lustitc P.Sam Ko.th.,) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for ihe Income Tax Deparlment for the appellant and Sri A.V.A.Siva Kartikeya, learned counsel for the respondent Perused the record.
'lhis appeal under Section 260.4 of the Income 'l-ax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 22.07.2011 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in I.T. A. No. 84-s/I1y dl 2009 for the Assessment Year 200 6-07 .
Cenh'al Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 202.1 dated 15.03.2024, by further enhancing rhe monetary limits for filing appeals by the Income Tax Departmenr before the , , t I 2 Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit Ilxed for filing an appeal before the I{igh Court is Rs.2.00 crore. In the instant appeal, tax effect is well below the monetary
limit.
Therefore, the appeal filed by the Deparlrncnt is dismissed in tenns of the aforesaid Circular No.9 of 2024 daled 17.09.2024. However, if thc appeal comes within the exccptior.r of Circular No.5 of 2024, ir would be open to thc lrtcorne Tax Department to seek revival of the appeal. There shall be no order as to costs.
Consequcntly, miscellaneous petitions pending, if any, shall stand closed. I 1 To //TRUE COPY// Sd/. K. SRINIVASA RAO JOINT REGISTRAR \ ECTION OFFICER
The lncome Tax Appellate Tribunal' Hyderabad Bench B, Hyderabad' 2. The Commissioner of lncome Tax (Appeals) lV, Hyderabad' 3. The Additional Commissioner of lncome Tax, Range-3, Hyderabad' 4. OneCCtoMr.J.V.Prasad, seniorStandingCounselforthelncomeTax Department [OPUC]
5. One CC to tvir. A.V.A. Siva Kartikeya, Advocate [OPUC] 6. Two CD CoPies kanr/PIt HIGH COURT DATED:20102t2025 JUDGMENT ITTA.No.334 of 2012 ( .--. l ir\ c\ ?H Pt\ [,h a s1 , )t' I DISMISSING OF THE APPEAL 4
Precedent status how later indexed judgments have treated this case
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