Itta/273/2012 Of The Commissioner Of Income Tax-Iv v. M/S Pokarna Limited

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDAANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 273 0F 2012 lncome Tax Tribunar Appear under Section 2604 of the rncome Tax Act, 1961against the order dated 26-09-2008 passed in rrA.No.702lHyd/08 for theAssessment Year 2002-03 on the fire of the rncome Tax Appelate Tribunar,Hyderabad Bench 'A', Hyderabad, preferred against the order dated 29-01-2008passed in lrA.No.249lDC-16(3ycrr(A)-vl2006-07 on the fire of the commissioner oflncome Tax (Appeals)-V, Hyderabad, preferred against the order dated 23_10_2006passed in PANIGIR No.AABCp210oe/p-25 on the fire of the Deputy commissionerof Wealth Tax, Circle [.16(3), ]Hyderabad. Between: The Commissioner of lncome Tax_lV, Hyderabad ...Appellant AND M/s Pokarna Limited, 105, Surya Towers, S.p, Road, Hyderabad ... Respondent Counsel for the Appellant Ms B Sapna Reddy,Junior Standing CounselRepresenting Mr J V prasad,Senior Standing Counsel forlncome Tax Department Counsel for the RespondentSri Ch Pushyam KiranSri Ch Pushyam Kiran The Court delivered the following Judgment : THE HONOURABLE [P.SAM ] ANDTHE HONOURABLE SRI NANDIKONDA ITTA No.273 OF 2012 JIIDGMEN'I (per lTon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy' [leamed ][Junior ][Standing]Counsel representing [Mr. ][J.V.Prasad, ][leamed ][Senior ][Standing]Counsel for the [Income ][Tax ][Department for ][the ][appellant' ][Perused]the record. 2. This appeal under Section [260A ][of ][the ][Income ][Tax ][Act,]1961, has been [preferred ][by ][the ][Revenue ][as ][the ][appellant]against the order [dated 26.09.2008 passed ][by ][the ][Income ][Tax]Appellate Tribunal, [Hyderabad ][Bench ]['A', ][Hyderabad, ][in]I.T.A.No.702,/[IYD/2008 [for ][the Assessment ][Year ][2002-03 ][']3. Central Board of Direct [Taxes ][(CBDT) ][has issued ][Circular]No.9 of 2024 dated 17.09.2024, [amending ][the previous Circular]No.5 of 2024 dated 15.03.2024,by [frrther ][enhancing the monetary]limits for filing appeals by the [Income Tax Department ][before the]lncome Tax ,\ppellate [Tribunals, ][High ][Courts ][and Supreme ][Court] ( \ 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.Circular, we find that the monetary limit fixed for filing an appealbefore 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 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 Income Tax Department to- seek revival ofthe appeal. There shall be no order as to costs.6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. SRINIVASA JOINT REGISTRAR//TRUE COPY//ECTION OFFICER HIGH COURT DATED:1810212025 JUDGMENTITTA.No.273 of 2012 DISMISSING THE ITTA @I 1[ed] I)f4 r€c,\.+16 APR 2Uzt-lsI