Telangana High Court
The Commissioner Of Income Tax Central vs Sms Pharmaceuticals Ltd., on 7 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
INCOME TAX TRIBUNAL APPEAL No.303 OF 2015
JUDGMENT:(per Hon'ble Sri Justice P.Sam Koshy) Heard Ms.B.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 26.02.2014 passed by the Income Tax Appellate Tribunal, Hyderabad ''B'' Bench, Hyderabad, in I.T.A.No.1145/Hyd/2007 for the Assessment Year 2004-5.
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.
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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: 07.04.2025 AQS