Case LawHigh Court › Itta/536/2011 Of Commissioner Of Income...

Itta/536/2011 Of Commissioner Of Income Tax-Iii v. M/S.limak - Soma [Jv]

High Court 06 Feb 2025 In favour of: Assessee
Forum / Bench
High Court · taphc
Parties
Itta/536/2011 Of Commissioner Of Income Tax-Iii v. M/S.limak - Soma [Jv]
Date of order
06 Feb 2025
Assessment year(s)
Outcome
Dismissed

Case summary

In Itta/536/2011 Of Commissioner Of Income Tax-Iii v. M/S.limak - Soma [Jv], the High Court (2025) dismissed the appeal. The decision went in favour of the assessee.

Decision: Therefore, the appeal filed by the Revenue is dismissed in termsof the aforesaid Circular No.9 of 2024 dated 17.09.2024.

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

III IN THE HIGH COURT FOR AT HYDERABADTHURSDAY, THE SIXTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE [P.SAM KOSHY]ANDTHE HONOURABLE SRI JUSTICE INCOME TAX TRIBU NAL APPEAL NO: [536 ] [2011] lncome tax Tribunal Appeal under [Section 260-A ][of ][the ][lncome ][tax ][Act' ][1961,]against the Order of the income [Tax ][Appellate Tribunal, ][Hyderabad ][Bench ][A,]Hyderabad in ITA No.173lHydl2010 for [Assessment ][Year ][2006-2007 ][dated]06.08.20'10, preferred against the Order of [the ][Commissioner ][of ][Income ][Tax]{-Y'f (Appeals) lV, Hyderaba d dated 15 12.2009 in lTA. No [0139/DCIT-6(1yClT(A)-lVl6B-]09 AY 06-07, preferred against the Order [of the Assistant Commissioner ][of ][lncome]Tax Circle-6(1), Hyderabad, dated [21.08.2008 in ] [No. ] [No ] 334. Between: Commissioner of lncome Tax-lll, lT [Towers, AC Guards, ][Hyderabad] ...APPellant AND tr/l/s.Limak - Soma [JVl, 8-2-6231511-A [1114, ][Avenue-A, ][Banjara ][Hills, ][Hyderabad] ... ResPondent Counsel for the Appellant : Ms. Bokarao [Sapna,]Standing Counsel for [lncome ][Tax.] Counsel forthe Respondent: Sri T.Bala [Mohan Reddy]The Court delivered the following: THE HON'BLE SRI JUSTICE P.SAM KOSI{YANDTHE HON'BI,E SRI JUSTICE NARSTNG RAO NANDIKONDA INCOME TAx TRIBUNAL APPEAL No.536 OF 2O11 JUDGMENT'. ber ilc l''tne Sri ,lustice Psorn -iaos/ryl Heard Ms.Bokaro Sapna Reddy, learned Standing Counsel forIncome 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 appellzrnt against the:\ ' order dated 06.08.201O [passed ]by the Income Tax Appellate Tribunai,Hyderabad'A" Bench, Hyderabad, in I.T.A.No.173 lHyd/2010 lor rht:Assessment Year 12006-07. 3. Central Boar-d of Direct Taxes (CBDT) has issued Circular No.9 t;i'2024 dated 17.O9.2024, amending the previous Circular No.5 of 2024dated 15.O3.2O24, b1' further enhancing the monetar5r limits for filingappea,ls by the Income Tax Department before the Income TilxAppellate Tribunats, High Courts and Supreme Court as a measure forreducing litigation. In paragraph 2 of tlre said Circular-. we fincI tlratthe monetary limit flxed for filing an appeal before the High Court isRs.2.0O crore.'' '- '- I I 4" In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Revenue is dismissed in termsof the aforesaid Circular No.9 of 2024 dated 17.09.2024. However, iftfir appeal comes within the exception of Circular No.S of 2024, itr.vould be open to the Income Tax Department to seek reviva,l of theappeal. No costs. 6. As a sequel, miscellaneous applications pending if any, shallst irncl closed. HIGH COURT DATED:06/02/2025 JUDGMENT ITTA.No.536 of 201'11HEsT4IE.(92oN6 APB2U6C,.b^rt t)FPATc DISMISSING THE AI'PEAL g."{4q-ff\a5Ej;
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