Itta/238/2010 Of Commissioner Of Income Tax v. M/S.gmr Holdings Pvt Ltd

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD MONDAY, THE TENTH 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: 238 of 2010 lncome Tax Tribunal Appeal under Section 2604 [of ]the lncome [Tax ][Act, ][1961]against the Order dated 11-07-2008 [passed ]in [lTA.No.209/Hyd/2006 ][for ][the]Assessment Year 2002-03 on the file of the lncome Tax [Appellate ][Tribunal,]Hyderabad ['B' ]Bench, Hyderabad, [preferred ]against [the ][Order ][dated ][12-01-2006]passed in Appeal No.96/CC-3/C IT(A)-|V/05-06 on the file of the Commissioner [of]lncome Tax (Appeals)-lV, Hyderabad, [preferred ]against [the Order dated 28-03-2005]passed in PAN/GIR No.V210lCC-3 on the file of the Deputy Commissioner oflncome Tax Central Circle-3, Hyderabad. Between: Commissioner of lncome Tax, Bangalore-l [Central Revenue Building, ][Queens]Road, Bangalore - 560 001 [. ][(Present ]authority [with Jurisdiction ][over ][the matter)] ...Appellant AND M/s.GtvlR Holdings Pvt Ltd, O/o.6-3-866/'1G2, [Greenlands, ][Begumpet,]Hyderabad - 16. AND Presently [2511 ], Skip [House, ][Museum ][Road, ][Bangalore ]-560 025 ...Respondent Counsel for the Appellant: Ms.B. Sapna [Reddy, ][Junior Standing ][Counsel]. representing Mr. J.V. Prasad, Senior Counsel [for ][lT ][Department] Counsel for the Respondent: [.None ]Appeared The Court delivered the following: JUDGMENT *7 THE HONOURABLE SRI JUSTICE P.SA}T KOSHYANDTHE HC)NOTIRABLE SRIJUSTICE NARSTNG RAONANDIKONDA ITTA No.238 OF 2010 ruDGMENI';. (per Hon'hle Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior StandingCounsel for tlre lncome Tax Department for the appellant. Perusedthe recold 2. This appeal under Section 260,4. of the Income Tax Act,1961, has heen preferred by the Revenue as the appellantagainst the order dated 11.07.2008 passed by the Income TaxAppellate Tribunal, Hyderabad Bench 'B', Flyderabad,lnI.T.A.No.209/HydI2006 for the Assessment Year 2O(t2-03.3. Central Iloard ol'Direct Taxes (CBDT) has issued Circular INo.9 of 20221 dated 17.09.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024, by further enhancing the monetarylimits for filing appeais by the Income Tax Departnrent before theIncome Tax ,\ppellate Tribunals, High Courts and Supreme Court I I as a measure for reducing litigation. In paragraph 2 of the saidCircular, we find that the monetary limit fixed for filing an appealbefore the High Court is Rs.2.00 crore.before 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 Deparlment 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, shallstand closed. Sd/. K. SRINIVASA RAOT REGISTRARECTION OFFICER //TRUE COPY// To, 1. The lncome Tax Appellate [Tribunal, Hyderabad 'B' Bench, ][Hyderabad] 2. The Commissioner of [lncome Tax (Appeals)-lV, ][Hyderabad] 3. The Deputy Commissioner [of ][Income ][Tax ][Central Circle-3, ][Hyderabad] 4. One CC Mr. J.V. Prasad, Senior Counsel [for ][lT Department[OPuC]] 5. Two CD Copies .kam@* HIGH COURT DATED:10102,t2025 JUDGMENTITTA.No.238 of 2010 DISMISSING OFTHE APPEAL ,,{ar\ r1..\.J'{. [\l:]f.,ioolI+ [nPn ][ztzt]:Jr- [,l].lta OEsPArcl I