Itta/574/2013 Of Commissioner Of Income Tax-Iii v. Vertex Homes Private Limited
High Court
21 Apr 2025 In favour of: Assessee
Forum / Bench
High Court · taphc
Parties
Itta/574/2013 Of Commissioner Of Income Tax-Iii v. Vertex Homes Private Limited
Date of order
21 Apr 2025
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Itta/574/2013 Of Commissioner Of Income Tax-Iii v. Vertex Homes Private Limited, 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 ][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 ][T?x ][Department ][to ][seek ][revival...
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT
MONDAY,THE TWENTY TWO THOUSAND
PRESENT
THE HONOURABLE [JUSTICE P.SAM KOSHY]&THE HONOURABLE SRI [JUSTICE NARSING RAO NANDIKONDA]
INCOME TAX TRI [ NO: ][574 ] [2013]
lncome Tax Tribunal [Appeal ][filed ][Jnder section ][260-4 ][of ][the ][lncome ][Tax]Act,lg6l,aggrievedbytheorderdated'12.10.2O12.,ofthelncometaxAppellatein [l.T.A.No.979/H ][ydt2012, ][for ][the ][Assessment ][Year ][2008-]Tribunal, [passed ]2009,on the file [of the ][lncome ][tax ][Appellate ][Tribunal, ][Hyderabad Bench ]['8"]Hyderabad.
Between:
COMMISSIONER [TAX-Ill, ][lT ][Towers, ][A'C ][Guards, Masab Tank']Hyderabad.
...APPELLANT
AND
VERTEX HoMES PRIVATE [LIMITED, Plot ][No. ][8iB, ][Nizampet Road, Kukatpally']HYderabad
...RESPoNDENT
:SRl B.NARASIMHA [SARMA(SR SC ] [lT)]REPRESENTED [MS.B.SAPNA ]
coun"tt for the Appellant
Counsel for the Respondents [: ] The Court made the following [: ]
TN'B LUP SAoHYANDTHEN'B ES IJs ICIGoAI\IDIKONDAN oTARLPEL574
JUDGMENT: (pet the Hon,bte sri Justtce p. sam Koshy)
Heard Ms. Bokaro Sapna Reddy, learned Jurrior Standing
Counsel for Income Tax Department appearingon behalf of theappellantappellant
2' The instant appear unde.section unde.section 2604 of the Incrme Tax Act,of the Incrme Tax Act,the Incrme Tax Act,Incrme Tax Act,Tax Act,Act,1961, has been preferred by the Revenue as the appella.t against theorder dated 72.70.2012, passed by the Income Tax Appellate Tribunal,Hyderabad [,.8,, ]Bench, Hyderabad, in LT.A.No.9 7g/Hyd/ZOt2 for theAssessment year 2008_09.
The instant appear unde.section unde.section 2604 of the Incrme Tax Act,of the Incrme Tax Act,the Incrme Tax Act,Incrme Tax Act,Tax Act,Act,
3' centrar Board of Direct raxes (CBDT) has issued cirt:ular Board of Direct raxes (CBDT) has issued cirt:ular of Direct raxes (CBDT) has issued cirt:ular Direct raxes (CBDT) has issued cirt:ular raxes (CBDT) has issued cirt:ular (CBDT) has issued cirt:ular cirt:ular ruo.g 2o2a datld 77'og'2024, amending the previous circurar Nro.5 of 2024dated 15'03'2024, bv further enhancing the monetary rirrits for firingappeals by the Income Tax Department before the Income TaxApperrate Tribunars, High courts and Supreme court as a rneasure forreducing litigation' in paragraph 2 0f the said circurar, we find that the
centrar Board of Direct raxes (CBDT) has issued cirt:ular Board of Direct raxes (CBDT) has issued cirt:ular of Direct raxes (CBDT) has issued cirt:ular Direct raxes (CBDT) has issued cirt:ular raxes (CBDT) has issued cirt:ular (CBDT) has issued cirt:ular cirt:ular ruo.g oh
I
an appeal before the High Court is
limit fixed [for ][filing]monetary
Rs.2.00 crore.
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 ][T?x ][Department ][to ][seek ][revival ][of ][the]a ppea l.
6. As a sequel, miscellaneous [applications ][pending ][if ][any, ][shall]
stand closed. However, [there ][shall be ][no ][order ][as ][to ][costs.]
Sd/- K. SRINIVASA JOINT REGISTRAR
//TRUE COPY//
CTION OFFICER
I
To,
1. The lncorie [tax ][Appellate Tribunal, Hyderabad Bench ]['8" ][Hyderabad]
2. One CC to [B. ][NARASIMHA SARMA, ] [SC FOR lT, ][ ]
3. Two CD CoPies
PCSD/psl
HIGH COURT
DATED:2110412Q25
JUDGMENTITTA.No.S74 of 2013
rlFlr i[ rA]oo1 1 JUL 2025*. [Sr--'4;,;r ][r]
t
DISMISSING THE INCOME TAX TRIBUNAL APPEAL
\o[d]
This page reproduces a public-domain court order (Section 52(1)(q)(iv), Copyright Act 1957). Explanations are EaseValue's original analysis. Always read the original order.
Disclaimer: General information only — not legal, tax or professional advice, and no advocate/CA–client relationship is created. AI-generated summaries may contain errors and must be verified against the original court order. EaseValue accepts no liability for reliance on this content. Not a solicitation.
Full disclaimer & Terms.