Itta/264/2014 Of Commissioner Of Income Tax-Iv v. M/S Mtar Technologies Private Limited

HIGH COURT FOR THE STATE OF TELANGANA AT T{\'DERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRIJUSTICE P.SAM KOSHYANDAND THE HONOURABLE SRIIUSTICE NARSING RAO NANDIKONDA Income Tax Tribunal ADPeal No.264 o12074 Income Tax Tribunal Appeal Under sectio, 260 of the Income Tax Act,against the order of the Income Tax Appellate Tribunal, Hyderabad Bench ,,A,,,Hyderabad in ITA.No.1004/HYD/}01B for the assessment year 2005-2006 dated73.04.2070 preferred against the order of the Commissioner of lncomeTax(Appeals-V), Hyderabad, appeal rTA.No.301/DC-16(2)/ CtT(A)-V / 2OO7_OBdated 13.01.2009.dated 13.01.2009. Between Commissioner of Income Tax-IV, IT Towers, A.C.Guards, Hyderabad ...Appellant. AND M/s' MTAR_Technolo€ies Private Limited, No.18, Technocrats Industrial Estate,Balanagar, Hyderabad. Counsel for the Appellant: Ms. B. sapna r.. Reddy, sri. J.v.prasad, ,;Sr"jfondentCounsel ior IT Dept. Counsel for the Respondent Sri K.Vasantkumar. The Court made the following: JUDGMENT THE HONOURABLE SRIJUSTICE P.SAM KOSHYANDTHE HONOURABLE SRIJUSTICE NARSING RAONANDIKONDA ITTA No.264 OF 2014 JUDGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior StandingCounsel for the Income Tax Department for the appellant. Perusedthe record. 2. This appeal under Section 260A of the Income 260A of the Income of the Income the Income Income Tax Act,Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 13.04.2010 passed try the Income TaxAppellate Tribunal, Hyderabad Bench 'A', Hyderabad,lnI.T.A.No. 10041[yd12008 for the Assessment Year 2005-063. 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 fuither enhancing the moneLarylimits f,or filing appeals by the Income Tax Department before theIncome Tax Appellate Tribunals, High Courts and Supreme Court This appeal under Section 260A of the Income 260A of the Income of the Income the Income Income Tax Act,Act, 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 Coun is Rs.2.00 crore.before the High Coun is Rs.2.00 crore. 4In the instant appeal, tax effect is well below the monetarylimit. 5. Therefore, the appeal filed by the Department 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 [ncome 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 RAOJOINT REGISTRARSECTION OFFICER //TRUE COPY// To, 1. The Income Tax Appellate Tribunal, Hyderabad Bench " A", Hyderabad 2. The Commissioner of Income Tax(Appeals-V), Hyderabad. 3. One CC to Sri B.Narasimha Sarma, Advocate 4. One CC to Sri K.Vasantkumar, Advocate 5. Tno CD Copies. PHKR/gh I HIGH COURT DATED:26/a3/2025 IUDGMENTITTA.No.264 of 2074 Dismissing the I.T.T. A. n,ithout costs {bl I I r1l'- I,1 r( c1." . ['.]/ .ra21 2025Iil.,- v,/\$.,,,..,-,,ot\_._E:::.