Case LawHigh Court › Itta/574/2013 Of Commissioner Of Income...

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]
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