Itta/310/2010 Of The Commissioner Of Income Tax Iii v. Applabs ( India )

I I IN THE HIGH COURT FOR THESTATE OF TELANGANAAT HYDERABAD TUESDAY, THE FOURTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYAND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 310 OF 2010 lncome Tax Tribunal Appeal Under Section 2504 of the Income Tax Act,1961against the Order dated 31-12-2007 passed in ITA No.1114lHydl2006 for theAssessment Year 2003-04 on the file of the lncome Tax Appellate Tribunal,Hyderabad Bench ['B', ]Hyderabad preferred against the Order dated 15 09-2006passed in Appeal No.0054/DC'6(1)/ClT(A)-lV/2006-07 on the file of theCommissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Orderdated 21-03-2006 passed in PA.N/G IR. No AAEFA9133C/A393/DC|T6(1), Hydon the file of the Deputy Commissioner of lncome Tax, Circle - 6(1), Hyderabad. Between:The Commissroner of lncome Tax lll, l.T.Towers, A.C.Guards, Masab Tank,Hyderabad....Appella ntntAND ...Appella ntnt APPLabs ( lndia ), Plot No. ['t286, ]Road No. 65, Jubilee Hills, Hyderabad. ...Respondent Counsel for the Appellant: Ms. B Sapna Reddy, Junior Standing Counselrepresenting Sri J V Prasad, Senior Standing Counsel for lncome-Tax Dept. Counsel for the Respondent : Sri G V Ambeswar representingM/s. MN ADVOCATES The Court delivered the following: Judgment THE HONOT]RABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICB NARSING RAONANDTKONDA ITTA No.310 OF 2010 JUDGMENT,[(per ]Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior StandingCounsel representing Mr. J.V.Prasad, learned Senior StandingCounsel for the Income Tax Department for the appellantand Mr.G.V.Ambeswar, leamed counsel representing M/s MN Advocates for the respondent. Perused the record. 2. This appeal under Section 260,4 of the Income Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 31.12.2007 passed by the Income TaxAppellatc Tribunal, Hyderabad Rench 'B', Hyderabad,lnI.T.A.No. I 114ft1yd12006 for the Assessrnent Year 20A3-04.3. Central Board of Direct ['laxes ](CBDT) has issued Circular fNo.9 of 2024 dated 17.09.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024, by further enhancing the monetarylimits for filing appeals by the Income Tax Department before the l I i Income lax Appellate Tribunals, High Courts and Supreme Courlas a measure for reducing titigation. In paragraph 2 of the saidCircular, rve find that the monetary Iimit fixed fbr filing an appealbefore the l{igh Courl is Rs.2.00 crore. 4. ln the instant appeal, tax effect is well below the monetarylimit. 5. Therelore, the appeal filed by the Department is dismissed intenns of the afbresaid Cilcular No.9 o1' 2024 d,ated 17.09.2024.However, if the appeal comes within the exception ol 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, il any, shallstand closed. Sd/. A.V.S,S.C.S.M. INT REGISTRARSECTION //TRUE To, 1. The lncome [Tax Appellate Tribunal, Hyderabad Bench ]['8" ][Hyderabad] 2. The Commissioner [of lncome Tax (Appeals)-lV, ][Hyderabad] 5. fn" O.prty Commissioner [of lncome Tax, ][Circle ]- [6(1), ][Hyderabad] 4. One CC to Sri J [Prasad, ][Advocate ] 5. One CC to Sri G [Ambeswar, Advocate ][ ] One 6. Two Two *.% 6. Two Two CD Copies HIGH COURT DATED:0410212025 JUDGMENT lTTA.No.310 of 2010 DISMISSING THE ITTAWITHOUT COSTS II ,t1-i [fA ].r :.(tt'18?5o,J21 [l{AR ]ctoESoarc