The Commissioner Of Income Taxiii vs Sri Vishnu Cements,
2025 Latest Caselaw 2000 Tel

Telangana High Court

The Commissioner Of Income Taxiii vs Sri Vishnu Cements, on 11 February, 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

           INCOME TAX TRIBUNAL APPEAL No.553 OF 2010

JUDGMENT:

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

Heard Ms.Bokaro Sapna Reddy, learned Standing Counsel for

Income Tax, appearing on behalf of the appellant.

2. The instant appeal under Section 260A of the Income Tax Act,

1961, has been preferred by the Revenue as the appellant against the

order dated 09.01.2009 passed by the Income Tax Appellate Tribunal,

Hyderabad ''A'' Bench, Hyderabad, in I.T.A.No.1221/Hyd/2004 for the

Assessment Year 2001-02.

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. No costs.

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

stand closed.

__________________ P.SAM KOSHY, J

_________________________________ NARSING RAO NANDIKONDA, J

Date: 11.02.2025 AQS

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

INCOME TAX TRIBUNAL APPEAL No.553 OF 2010

11.02.2025 AQS