Telangana High Court
The Commr Of Income Tax Central ... vs M/S Sms Pharmaceuticals Ltd., ... on 7 April, 2025
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE NARSING RAO
NANDIKONDA
ITTA No.20 OF 2016
JUDGMENT:(per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for the Income Tax Department for the appellant. Perused the record.
2. This 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 Bench 'B', Hyderabad, in I.T.A.No.355/H/2007 for the Assessment Year 2002-03.
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 2 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 Department 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. There shall be no order as to costs.
6. Consequently, miscellaneous petitions pending, if any, shall stand closed.
__________________ P.SAM KOSHY, J _______________________________ NARSING RAO NANDIKONDA, J 07.04.2025 Lrkm