Itta/306/2012 Of Commissioner Of Income Tax -Iii v. M/S. Saro Power And Infrastrucfture Ltd

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 306 OF 2012 Appeal filed under Section 260(A) of the Income-Tax Act., 1961 , against theorder dated 25-10-2011 passed in lTA. No.695/Hyd 12011 for the assessment [year]2OO7 -2008 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench ['A',]Hyderabad preferred against the Order dated 31-01-2011 passed in lTA.No.',! 294lDcff 3(1yClT(A)-lV/09-1 0 on the file of the Commissioner of lncome Tax(Appeals)-lV, Hyderabad preferred against the Assessment Order dated 08-12-2009passed in PAN/GIR No. on the file of the Deputy Commissioner of .lncome Tax, Circle-3(1 ), Hyderabad. Between: Commissioner of lncome Tax -lll, lT Towers, A.C. Guards, Hyderabad ,..APPELLANT AND M/s. Saro Power And lnfrastructure Ltimited, 19-2-21712, MirAlam Tan Road,Hyderabad ...RESPONDENT Counsel for the Appellant: Ms. B. Sapna Reddy, Junior Standing Counsel representing Sri J.V.Prasad, Senior Standing Counsel -Counsel for the Respondent: The Court delivered the following JUDGMENT: *r I .j THE HONOURABLE SRIJUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAONANDIKONDA ITTA No.306 OF 2012 JUDGME,N t Qrcr Hon'ble Sri ,Iustice P.Sam Koshy) Heard Ms. B.Sapna Reddy, learned Junior StandingCounsel 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 Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 25.10.201 I passed by the Income TaxAppellate Tribunal, Hyderabad Bench 'A' , Hyderabad,1lrLT.A.No.695/HYD/201 I for the Assessment Year 2007-08.3. 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 filin11 appeals by the Income Tax Department before theIncome Tax Appellate Tribunals, High Courts and Supreme Court / I I \ \,*lt as a measure for reducing litigation. [In ][paragraph ][2 ][of ][the ][said]Circular, we find that the [monetary ][limit ][fixed ][for ][filing ][an ][appeal]before the High Court [is ][Rs.2.00 ][crore.] 4. In the instant appeal, tax [effect ][is well ][below ][the ][monetary]limit. 5. Therefore, the appeal filed [by ][the ][Department ][is ][dismissed in]terms of the aforesaid [Circular No.9 ][of ][2024 ][dated ][17-09-2024']However, if the appeal [comes ][within the ][exception ][of ][Circular]No.5 of 2024, it would [be open ][to ][the Income ][Tax ][Department to]seek revival of the appeal. [There shall ][be ][no order ][as ][to costs.] 6. Consequently, miscellaneous [petitions pending, ][if ][any, ][shall]stand closed. Sd/- K. SRINIVASA JOINT REGISTRARECTION OFFICER //TRUE COPY// To, '1 . The lncome Tax Appellate Tribunal Hyderabad [Bench 'A', ][Hyderabad]2. The Commissioner [of lncome Tax (Appeals)-lV, ][Hyderabad]3. The Deputy [Commissioner ][of ][lncome Tax, Circle-3(1), Hyderabad']4. One CC to [Sri ][J.V.Prasad, ] [for ][lncome ][Tax ][Department ][ 2. The Commissioner [of lncome Tax (Appeals)-lV, ][Hyderabad]3. The Deputy [Commissioner ][of ][lncome Tax, Circle-3(1), Hyderabad']4. One CC to [Sri ][J.V.Prasad, ] [for ][lncome ][Tax ][Department ][ 5 Two CD [CoPies] w VHgh HIGH COURT DATED: 1810212025 JUDGMENTITTA.No.306 of 2012 DISMISSING ITTA :i1t1CtYI)co24 utlil [2m]*t.Dc1