Itta/107/2010 Of The Commissioner Of Income Tax-Iii v. M/S.r.c.c.sales [P] Ltd

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD TUESDAY. THE FOURTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHYANDTHE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No: 107 ot 2O1O Appeal filed under Section 260(4) of the lncome-Tax Act., 1961, against theorder dated 12-11-2007 passed in l.T.A.No.108/Hydl2o06 for the Assessment Year2001-02 on the file of the Court of the lncome Tax Appellate Tribunal HyderabadBench 'B', Hyderabad preferred agarnst the Order dated 12-12-2005 passed inAppeal.No.133lAC-z(4)lCff (A)-lV/05-06 on the file of the Commissioner of lncomeTax (Appeals)-lV, Hyderabad preferred against the Order dated: 28-10-2004 inPAN/GIR No AAACR 9675D/R-076 on the file of the Assistant Commissioner oflncometax, Circle-2(4), Hyderabad. Between: The Commissioner of lncome Tax-lll, l.T. Towers, A.C.Guards, Masab Tank,Hyderabad. ...Appellant AND M/s.R.C.C.Sales [P] LTD, Plot No.2 & 28, Phase-lV, IDA Jeedimetla, Hyderabad ...Res pondent Counsel for the Appellant: Ms. B. Sapna Reddy, Junior Standing Counselrepresenting Mr. J.V. Prasad, Senior Standing Counsel for the lncome TaxDepartmentrepresenting Mr. J.V. Prasad, Senior Standing Counsel for the lncome TaxDepartment Counsel for the Respondent: None Appeared The Court delivered the following: JUDGMENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAONANDIKONDA I'I'TA No.l07 OF 2010 .IUDGMENT (per Hon'ble Sri Juslice P.Sam Koshy) Fleard Ms. B.Sapna Reddy, leamed Junior StandingCounsel representing Mr. J.V.Prasad, leamed Senior StandingCounsel lor the Incorne Tax Departrnent for the appellant. Perusedthe record. 2. 1'his appeal under Section 260,4. ol the Income ['fax ]Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 12.11.2007 passed by the lncorre TaxAppeltate Tribunal, Flyderabad Bench 'B', Hyderabad,lnI.T.A.No.108/Hydl2007 for the Assessment Year 2001-02.3. Central Board of Direct Taxes (CBDT) has issued Circular [(]No.9 of 2024 dated 17.09.2024, amending the previous CircularNo.5 ol 2024 dated 15.03.2024,by fwther enhancing the monetarylimits tbr filing appeals by the Income Tax Deparlrnent betbre theIncome Tax Appellate Tribunals, High Courts and Supreme Court I as a measure for reducing litigation, In paragraph 2 of the saidCircular, we find that the monetary limit fixed for filing an appealbefbre the High Court is Rs.2.00 crore. 4. In the instant appeal, tax effect is well below the monetarylimit. 5. Therefore, the appeal filed by the Department is dismissed intenns of the aforesaid Circular No.9 ol 2024 dated 17.09.2024.However, if the appeal comes within the exception of CircularNo.5 of 2024, il would be open to the Income ['fax ]Department toseek revival ofthe appeal. There shall bc no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shallstand closed.stand closed. Sd/. A.V.S.S.C.S.M. T REGISTRARTION OFFICER //TRUE COPY// \ To, 1. The lncome Tax [Appellate Tribunal Hyderabad ][Bench ]['B', ][Hyderabad'] 2. The Commissioner of [lncome Tax (Appeals)-lV, Hyderabad'] 3. The Assistant Commissioner [of lncometax, Circle-2(4), Hyderabad'] 4.oneCCtoMr.J.V.Prasad,seniorStandingCounselforthelncomeTaxDepartment Department 5. Two CD Copies kamw III HIGH COURT DATED:0410212025 JUDGMENTlTTA.No.107 oI 2010 DISMISSING OFTHE APPEALO I !n"{[r{E ][SrA][ r€]\qJ21 [ittR ][2U5 ]:tO€ [q ]na- ",P€C