Citation : 2025 Latest Caselaw 4391 Tel
Judgement Date : 30 June, 2025
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE NARSING RAO
NANDIKONDA
I.T.T.A.No.38 OF 2025
JUDGMENT:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard Mr. Vijhay K. Punna, learned Senior Standing
Counsel for Income Tax Department appearing for the appellant
and Mr. A.V.A.Siva Kartikeya, learned counsel appearing for the
respondent. Perused the record.
2. The present is an appeal filed under Section 260A of the
Income Tax Act, 1961, against the order dated 25.07.2024, passed
in I.T.A.No.617/Hyd/2024, by the Income Tax Appellate Tribunal
(hereinafter referred as, 'the Tribunal'), for the Assessment Year
2022-23.
3. Having heard Mr. Vijhay K. Punna, learned Senior Standing
Counsel for Income Tax Department appearing for the appellant,
more particularly, taking into consideration the finding given by
the Tribunal in the impugned order under challenge, particularly
paragraph No.5, we are of the considered opinion that there does
not seem to be any substantial question of law left to be
adjudicated in the instant case. Moreover, we find that the view
expressed by the Tribunal has also been considered by this very
Bench in one of its recent judgment in W.P.No.8294 of 2025
decided on 24.03.2025 and earlier also, this High Court had in
W.P.No.31360 of 2023 which stood decided on 24.11.2023 had
allowed the petition in favour of the assessee against the revenue
holding that non-furnishing of Form 10B before the due date by
itself would not be so fatal, particularly, if the assessee has
meanwhile filed it before the impugned order having been passed.
4. The Appeal, therefore, being devoid of substantial question
of law fails and is accordingly, rejected. There shall be no order as
to costs.
Consequently, miscellaneous petitions pending, if any, shall
stand closed.
___________________ P.SAM KOSHY, J
_______________________________ NARSING RAO NANDIKONDA, J 30.06.2025 Pvt
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