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
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