IN THE HIGH COURT FOR THE STATE OF TELANGANA AT YDERABAD AND ITTA No.25 of 2013 Date: 01.12.2025 Between:

Commissioner of Income Tax-II, Hyderabad. …Appellant And M/s.Hyderabad Industries Ltd., Sanath Nagar, Hyderabad-500 018.

…Respondent JUDGMENT : (per Hon’ble Sri Justice P.Sam Koshy)

Heard Ms.B.Sapna Reddy, learned Senior Standing Counsel for Income Tax Department, for the appellant and Mr.S.Ravi, learned Senior Counsel appearing for Mr.Ch.Pushyam Kiran, learned counsel for the respondent and perused the record.

2. The present is an appeal which has been preferred by Revenue assailing the order passed by Income Tax Appellate Tribunal in ITA.No.919/HYD/2009 decided on 02.07.2012.

3. The present appeal was admitted for hearing on limited question of applicability of Section 50C of Income Tax, 1961 (for short “the Act”), so far as the so-called sale of land merely on the basis of absence of registered stamped conveyance deed is concerned. Learned Senior Standing Counsel for the Department, today, has produced before the Court Circular No.5 of 2010, dated 03.06.2010, wherein the applicability of Section 50C has been made effect from 01.10.2009 onwards.

4. A perusal of the transaction involved in the instant case, we find that ITA.No.919/HYD/2009 was pertaining to the assessment year 2006-07 as such the transaction had taken place prior to 01.10.2009 and therefore, the applicability of Section 50C of the Act cannot be made applicable in the instant facts of the case.

5. In view of the aforementioned Circular No.5/2010, we are of the considered opinion that the present appeal insofar as the question of applicability of Section 50C of the Act is concerned stands decided against the Revenue. So far as the other question of law which the Revenue had raised are concerned is left open to be decided in an appropriate proceedings.

6. The Appeal accordingly stands dismissed in terms of Circular No.5 of 2010, dated 03.06.2010. No costs.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

P.SAM KOSHY, J SUDDALA CHALAPATHI RAO, J

01.12.2025

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