Itta/194/2010 Of The Commissioner Of Income Tax-Iii v. M/S Rasa Agro Tech Pvt. Ltd

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD TUESDAY, THE FOURTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 194 OF 2010 Appeal filed under Section 260(4) of the lncome-Tax Act, against the orderdated. 21-11-2008 passed in lTA.No. 408lHydl2007 for the assessment year 2004-2005 on the file of the Court of the lncome Tax Appellate Tribunal Hyderabad Bench'A', Hyderabad preferred against the Order dated: 12-01-2007 passed in Appeal.No.0304/DC-3(1)/C.lT(A)-lV/2006-07 on the file of the Court of the Commissioner oflncome Tax (Appeals)-lV, Hyderabad preferred against the Assessment Orderdated: 09-1 1-2006 passed in PAN/GIR No. AABCRB624BIR-215 on the file of theCourt of the lncome Tax Department, Deputy Commissioner of lncome Tax, Circle3(1), Hyderabad. Between: The Commissioner of lncome Tax-lll, l.T Towers, A.C.Guards, Masab Tank,Hyderabad. ...APPELLANT AND M/s Rasa Agro Tech Pvt. LTD., B/1 , Rassolpura, Secunderabad. ..,RESPONDENT Counsel for the Appellant: Sri J.V. Prasad, Standing Counsel for lncome TaxCounsel for the Respondent: Ch Pushyam KiranThe Court delivered the following JUDGMENT: Il / THE HONOURABLE SRIJUSTICE P.SAM KOSHYANDTHE HONOURABLE SRIJUSTICE NARSING IIAONANDIKONDA ITTA No.194 OF 2010 JT]DGMEN't: @er llon'ble Sri Justice P.Som Koshy) Ileard Ms. B.Sapna Reddy, leamed Junior StandingCounsel representing Mr. J.V.Prasad, leamed Senior StandingCounsel for the Incorne Tax Department for the appellant. Perusedthe record. 2. This appeal under Section 260i of the lncome Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 21.11.2008 passed by the Income TaxAppellate l-ribunal, Hyderabad Bench 'A', Hyderabad,lnI.T.A.No.408/Hydl2007 for the Assessment Year 2004-05.3. 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 rhe monetarylimits for filing appeais by the Income Tax Department before theIncome Tax Appellate Tribunals, High Courls 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 monetarytimit. 5. Therefore, the appeal filed by the Department is dismissed interms of the atbresaid 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 of the appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shallstand closed. Sd/- K. SRINIVASA JOINT REGISTRAR //TRUE COPY// S CTION OFFICER To,'1. The lncome Tax Appellate Tribunal Hyderabad Bench ['A', Hyderabad] 2. Commissioner of [lncome Tax (Appeals)-lV, ][Hyderabad] 3. lncome Tax [Department, Deputy ][Commissioner ][of ][lncome ][Tax' ][Circle ][3(1)']Hyderabad.Hyderabad. 4. One CC to Sri J. [V. Prasad, ] [for ][lncome ][Tax ] 5. One CC to Sri Ch. [Pushyam ][Kiran, ][Advocate IOPUC]] 6. Two CD Copies w Vlllch -i HIGH COURT DATED: 0410212025 JUDGMENTITTA.No.194 of 2010 DISMISSING THE ITTA @I.h\l 1H(- [-]t.:r21 trriii 2025,.+fATcH