Itta/190/2011 Of The Commissioner Of Income Tax v. Lavu Educational Society

IN THE HIGH GOURT FOR THE STATE OF TELANGANAAT HYDERABAD MONDAY, THE TENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY. ANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 190 OF 2011 lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,1961against the Order dated 24-08-2007 passed in |T(SS)A.NO.681H12006 for the Blockperiod 1990-91 to 1999-2000 & from 01.04.2000 to 20.02.2001 on the file of thelncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad preferred againstthe Order dated 30-1 1-2005 passed in ITA No.0218/C|T(A)/GNT/04-05 on.the file ofthe Commissioner of lncome Tax (Appeals) Guntur preferred against'the Orderdaled 31-10-2003 passed in P A N /G.l.R. No.L-610 on the file of the AssistantCommissioner of lncome Tax, Central Circle - 2, Hyderabad. I Between: The Commissioner of lncome Tax, Hyderabad ...Appellant AND Lavu Educational Society, Vignan, D.No.5-37-21 3, 4/7, Brodipet, Guntur. ...Respondent Counsel for the Appellant: Ms. Sapna Reddy representingSri J V Prasad, Sc for lncome Tax Counsel for the Respondent: Sri Challa Gunaranjan The Court delivered the following: Judgment \ THE HONOURABLE SRIJUSTICE P.SAM KOSHYANDTHE HONOURABLE SRIJUSTICE NARSING RAONANDTKONDA ITTA No. 190 0F 20u JUDGMENT (per Hon'ble Sri Ju.ttice p.Sam Koshy)Koshy) Heard Ms. B.Sapna Reddy, leamed Junior StandingStanding Counsel representing Mr. J.V.prasad, leamed Senior StandingCounsel for the Income Tax Deparlment for the appellant. perusedthe record.the record. 2. This appeal under Section 260.4 of the lncome appeal under Section 260.4 of the lncome of the lncome the lncome lncome Tax Act,Act,1961, has been preferred by the Revenue as {he appellantagainst the order dated 24.0g.2007 passed by the Income TaxAppellate Tribunal,Hyderabad BenchB"I{yderabad,lnI.T (S.S).No.6B/Hydl2006 for the block period 1990_91 to 1999_2000 and from 01.04.2000 to 20.02.2001. This appeal under Section 260.4 of the lncome appeal under Section 260.4 of the lncome of the lncome the lncome lncome Tax Act,Act, 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 further enhancing the monetarylimits for filing appeals by the Income Tax Department before the tI Income Tax Appellate Tribunals, High Courts and Supreme Courtas a measure for leducing litigation. In paragraph 2 of the saidCircular, we find that the monetary limit fixed fior filing an appealbefore the High Court is Rs.2.00 crore. \_i,\ 4- In the instant appeal, tax effect is well below the monetarylimit 5. Therefore, the appeal filed by the Department is dismissed intems 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 olthe appeal. Thcre shall be no order as to costs. 6. Consequently', miscellaneous petitions pending, if any, shall stand closed- Sd/- K. SRINIVASA RAOJOINT REGISTRAREEION OFFICER //TRUE COPYII To, -1. The lncome Tax Appellate Tribunal, Hyderabad Bench ,Bl, HyderabadThe lncome Tax Appellate Tribunal, Hyderabad Bench ,Bl, Hyderabad2. Commissioner of lncome Tax (Appeals) Guntur Tax (Appeals) Guntur3. The Assistant commissioner of rncome Tax, centrar circre j 2, Hyderabad of rncome Tax, rncome Tax, 4. One CC to Sri J V prasad, Sc for lncome Tax [OpUC] Tax [OpUC]5. One CC to Sri Chaila Gunaranjan, Advocate tOpUCltOpUCl 6. Two CD Copies ADKtshgt HIGH COURT DATE D: 1 010212025 JUDGMENTlTTA.No.190 of 2011 DISMISSING THE ITTAWITHOUT COSTS \O IHE [S.][lAt](e(.,^t,11 unn zmst, ['r']5rS.,t':r'.rrf [c]-=2'