Itta/106/2014 Of Commissioner Of Income Tax(Tds) v. M/S Jayadarshini Housing Pvt Ltd

HIGH COURT FOR THE STATE [HYDERABAI)] WEDNESDAY, THE TWENTY TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI IUSTICE [P,SAM ] AND THE HONOURABLE SRI IUSTICE Income Tax Tribunal [Appeal ][No.1][ 06 ][of ][2O'14] Income Tax Tribunal Appeal [Under ][section ][260 ][of ][the ][Income ][Tax ][Act,]against the order of the [Income ][Tax Appellate Tribunal, Hyderabad ][Bench ]["A",]Hyderabad in ITA.No.1363/HYD/2071 [for ][the ][assessment ][year ][2008-2009 datecl]28.08.2013 preferred against [the ][Order ][of ][the ][Commissioner ][of ][Income]Tax(Appeals-lI), t{yderabad, [appeal ][I'IA.No.275lCIT(A)-IIl09-10 ][dated ][12.05 ][2011.] Between:Commissioner of [Income Tax ][(TDS), ][Hyderabad.] ...APPellant AND M/s. Jayadarshini [Housing ][Pvt., ][Ltd., Plot ][No.1246, ][Level ][1, ][Gorlas, ][Road ][No'62']Jubilee [Hills, ][Hyrlerabad.] ... ResPondent Counsel for the Appellant: sri [K.Raji ][Reddy (senior ][standing ][Counsel ][Income ][Tax]Dept.,) Counsel for the ResPondent: - [-] The Court made the [following: ]JUDGMENT: THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAONANDIKONDA ITTA No.l06 OF 2014 JUDGMENT: (per Hon'ble Sri .Iustice [p.Sam ]Koshy) Heard Mr. A.Rama Krishna Reddy, leamed Junior StandingCounsel for the [ncome Tax Department for the appellant. perusedthe record.Counsel for the [ncome Tax Department for the appellant. perusedthe record. 2. This appeal under Section 260A of the Income 260A of the Income of the Income the Income Income Tax Act,Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 28.08.2013 passed by the Income TaxAppellate Tribunal, lJyderabad Bench [.A,, ]Hyderabad, inLT.A.No. 1363 lHydl2\l I for the Assessment year 2008-09.3. Central Board of Direct Taxes (CBDT) has issued CircularNo.9 of 2024 dated 17.09.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024, by furrher enhancing the monetarylimits for filing appeals by the lncome Tax Department before theIncome Tax Appellate Tribunals, High Courts and Supreme Courtas a measure for reducing litigation. In paragraph 2 of the said\ This appeal under Section 260A of the Income 260A of the Income of the Income the Income Income Tax Act,Act, Circular, we find that the monetary limit fixed for filing an appealbefore the High Court is Rs.2.00 crore. 4. [n 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 appeal comes within the exception of CircularNo.5 of 2024, it would be open to the Income Tax Department toseek revival ofthe appeal. There shall be no order as to costs 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. SD/. MOHD. EPUTY REGISTRAR //TRUECOPY// \i SECTION To,1The Income [Tax ] [etlate ][Tribunal, ][Hy][derabad ][Bench ][']['A", ][Hyderabad]2The Commissioner [o][f ][lncome ][Tax(APPe][alsJl), Hyderabad]3One CC to Sri [K.Raii Reddy ][(Senior Stan][ding ][Counsel, ][Inco][me ][Tax DePt.,)]loPUCl.4. Two CD [CoPies] PHKR/gh HIGHCOURT DATED:26/03/2025 JUDGMENTITTA.No.106 of 20L4 Dismissing the I.T.T.A. as withdrawan. 4(,1') I R{a-so6)(i't-05 206.aAC6/Sr,r;Crt