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Itta/201/2015 Of Commr Of Income Tax-Iii, Hyderabad v. M/S Sealion Sparkle Maritime Services Ltd., Hyd

High Court 24 Mar 2025 In favour of: Assessee
Forum / Bench
High Court · taphc
Parties
Itta/201/2015 Of Commr Of Income Tax-Iii, Hyderabad v. M/S Sealion Sparkle Maritime Services Ltd., Hyd
Date of order
24 Mar 2025
Assessment year(s)
Outcome
Dismissed

Case summary

In Itta/201/2015 Of Commr Of Income Tax-Iii, Hyderabad v. M/S Sealion Sparkle Maritime Services Ltd., Hyd, the High Court (2025) dismissed the appeal. The decision went in favour of the assessee.

Decision: Therefore, the appeal filed by the Department is dismissed interms of the aforesaid Circular No.9 of 2024 dated 17.09.2024.However, if the appeai comes within the exception ol CircularNo.5 of 2024, it would be open to the Income Tax Deparlment toseek revival of the appeal.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

The order — as passed by the High Court

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYOERABAD MONDAY, THE TWENTY FOURTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY THE HONOURABLE SRI JUSTICE NARSING RAO INCOME TAX TRIBUNAL APPEAL NO: 201 OF [2015] lncome Tax Tribunal Appeal Under Section 260,4 of [the ][lncome ][Tax ][Act,1 ][961]against the Order dated 20-02-2014 [passed ]in [No.'l402iHydi2013 ][for ][the]Assessment Year 2010-1 1 on the file of the [lncome ][Tax ][Appellate ][Tribunal,]Hyderabad Bench'A, Hyderabad [.] Between: Commr of lncome Tax-lll, l.T.Towers, A.C.Guards, [Hyderabad] ...Appellant AND M/S Sealion Sparkle Maritime Services Ltd., [HYD, No. 128, ][1st Floor, ][Srinagar]Colony, Hyderabad-500 073. ...Respondent Counsel for the Appellant : Ms. B Sapna Reddy, Junior [representing]Sri J V Prasad, Senior Sc for lncome [Tax] Counsel for the Respondent: Sri Ch Pushyam Kiran The Court delivered the following: Judgment ,..-4.--' ,', 7 THE HONOURABLE SRI JUSTICE P.SAM K()SHYANDTHE HONOURABLE SRI JUSTICE NARSINCiRAONANDTKONDA ITTA No.20l OF 2015 JUDGMENT: (per Hon'ble Sri Ju.stice P.Sam Koshy) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V. Prasad, leamed Senior StandingCounsel for the Income Tax Department for the appellant. perusedthe record. 2. 1'his appeal under Section 260A of the Incomr: Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 2A.02.2014 passed by the lrcome TaxAppellate Tribunal, Hyderabad Bench 'A', Hydr,rabad, inI.T.A.No. 1 402 lHyd/2013 for the Assessment year 201 0- I 1 .3. Central Board ol Direct ['l ]axes (CBDT) has issur,d CircularNo.9 of 2024 dated, 17.09.2024, amending the previorLs CircularNo.5 of 2024 dated 15.03.2024,by further enhancing thr: monetarylimits for filing appeals by the Income Tax Department before theIncome Tax Appellate Tribunals, High iourts and Supr:me Court III II E a- as a measure for reducing litigation. In paragraph 2 ol the saidCircular, we find that the monetary limit fixed for filing an appealbefore the High Court is Rs.2.00 crore.Circular, we find that the monetary limit fixed for filing an appealbefore the High Court is Rs.2.00 crore. 4. In the instant appeal, tax effect is well below the monetarylimit 5. Therefore, the appeal filed by the Department is dismissed interms of the aforesaid Circular No.9 of 2024 dated 17.09.2024.However, if the appeai comes within the exception ol CircularNo.5 of 2024, it would be open to the Income Tax Deparlment toseek revival of the appeal. There shall bc no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed Sd/- K. SRINIVASA JOINT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The lncome [Tax ][Appellate ][Tribunal' ][Hyderabad ][Bench ]['A, ][Hyderabad] 2. The Commissioner [of lncome ][Tax(Appeals)-lv, ][Hyderabad] 3. One CC to Sri [Prasad, Senior ][Sc ][for ][lncome ][Tax ][ ] 4. One CC to Sri [Ch ][Pushyam ][Kiran, ][Advocate ]IOPUC] 5. Two CD Copies ADK/PSL HIGH COURT DATED:2410312025 JUDGMENT ITTA.No.201 of 2015 DISMISSING THE ITTAWITHOUT COSTS 7h/ ft[/t][ 5] co^7c?il()01JllL216Io€a.Cr [r('-]t ,,;//': Ii
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