Commissioner Of Income Taxiii, Hyd vs M/S. Sujana Metals Ltd, Hyd
2025 Latest Caselaw 4992 Tel

Telangana High Court

Commissioner Of Income Taxiii, Hyd vs M/S. Sujana Metals Ltd, Hyd on 21 April, 2025

Author: P.Sam Koshy

Bench: P.Sam Koshy

             THE HON'BLE SRI JUSTICE P.SAM KOSHY
                                     AND
     THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA

                  I.T.T.A.Nos.549 and 513 of 2011

COMMON JUDGMENT:

(per the Hon'ble Sri Justice P. Sam Koshy)

Heard Ms. Bokaro Sapna Reddy, learned Junior Standing

Counsel for Income Tax Department appearing on behalf of the

appellants and, Mr. Krishna Reddy, learned counsel for the

respondents.

2. I.T.T.A.No.549 of 2011 has been preferred by the Revenue as the

appellant under Section 260A of the Income Tax Act, 1961, (for short,

the 'Act') against the order dated 21.04.2011, passed by the Income

Tax Appellate Tribunal, Hyderabad 'B' Bench, Hyderabad, in

I.T.A.No.1068/Hyd/2010 for the Assessment Year 1997-98; and

I.T.T.A.No.513 of 2011 has also been preferred by the Revenue as the

appellant under Section 260A of the Act against the order dated

03.07.2009, passed by the Income Tax Appellate Tribunal, Hyderabad

'B' Bench, Hyderabad, in I.T.A.No.1087/Hyd/2007 for the Assessment

Year 2004-05.

3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of

2024 dated 17.09.2024, amending the previous 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 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 fixed for filing an appeal before the High Court is

Rs.2.00 crore.

4. In the instant appeal, tax effect is well below the monetary limit.

5. Therefore, the appeal filed by the Revenue 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.

6. As a sequel, miscellaneous applications pending if any, shall

stand closed. However, there shall be no order as to costs.

______________ P.SAM KOSHY, J

____________________________ NARSING RAO NANDIKONDA, J Date: 21.04.2025 GSD