Itta/11/2017 Of Prl Commr Of Income Tax-7, Hyderabad v. M/S Sri Venkateswara Padmavathi Compay, Khammam Dist

l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY,THE TWENTY FOURTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAx TRIBUNAL APPEAL NO: 11 OF 2017 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,'1961against the Order dated 17-06-2016 passed in ITA No. 1186/ Hyd 12014 for theAssessment Year 2009-2010 on the file of the lncome Tax Appellate Tribunal,Hyderabad Bench'A', Hyderabad. Between: Principal Commissioner of lncome Tax-7, 3rd Floor, A-block, LT.TowersMasabtank, A.C.Guards, Hyderabad-4Masabtank, A.C.Guards, Hyderabad-4 ...APPELLANT AND M/S SRI VENKATESWARA PADMAVATHI COMPAY, KHAMMAM DIST,D.no 3-109/2, Ayyagaripeta, Sathupalli, Khammam District. [PAN No.ABJF52495Kl ...RESPONDENT Counsel for the Appellant: MS B.SAPNA REDDY, Junior Standing CounselRep.SRl J.V.PRASAD, Senior Standing Counsel Counsel for the Respondent: SRI K VASANTKUMAR The Court made the following: JUDGMENT THE HONOURABLE SRI.IUSTICE P.SAM KOSHYANDTHE TIONOURABLE SRI JUSTICE NARSING RAONANDIKONDA ITTA No.ll OF 2017 JUDGMENT (pcr Hon'ble Sri Justiu I'.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel reprcsenting Mr. J.V.Prasad, leamed Serrior StandingCounsel lor the Income Tax Deparlntent for the appellant. Perusedthe lecord. 2. This appeal under Section 260,{ of the Incore Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 17.06.2016 passed by thr: Income TaxAppellate Tribunal, Hyderabad Bench 'A', (SMC): lJ1,derabad, inI.T.A.No. I 186/Hyd/20 i4 for the Assessmenr Year 2(t09- 10. 3. Central Board of Direct Taxes (CBDT) has issrLed CircularNo.9 of 2024 dated, 17.09.2024, amending the previc,us CircularNo.5 of 2024 dated 15.03.2024, by further enhancinlr the monetarylimits for filing appeals by the Income Tax Departnrent before theIncome Tax Appellate Tribunals, tiigh Courts and Suprerne Court as a measure for reducing litigation. In paragraph 2 of the saidCircular, we find that the monetary limit fixed for filing an appealCircular, we find that the monetary limit fixed for filing an appealbefore the High Court is Rs.2.00 crore. 4In the instant appeal, tax effect is well below the monetarylimit.limit. 5. Therefore, the appeal filed by rhe Department is dismissed interms of the aforesaid Circular No.9 of 2024 dated 17.09.2024.However, if the appeal cornes within the exception of CircularNo.5 of 2024, it would be open to the Income Tax Department toseek revival of the appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed Sd/. B. SATYAVATHIJOINT REGISTRAR To, //TRUE COPY// t-SECfION OFFICER 1. The Income Tax Appellate Tribunal, Hyderabad Bench ['A', ]Hyderabad 2. One CC to SRl. B NARASIMHA SARMA Advocate 3. One CCto SRI J.V.PRASAD, Senior Standing Counsel 4. One CC to SRl. K VASANTKUMAR Advocate 5. Two CD Copies TPK/PSL Yy HIGH COURT DATED:2410312025 JUDGMENTlTTA.No.11 of 2017 ITTA IS DISMISSED q felb\+<{M IIo3, -:i"\, :!.l-..('o.\'.c ):/ [i ][_',],....!r\r.i03 s[P 206\..'.\. [//. ].\.r:-/