Itta/349/2015 Of Commissioner Of Income Tax-V v. C Gopal Reddy

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY ,THE FIRST DAY OF APRILTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY&THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDAINCOME TAX TRIBUNAL APPEAL NO: 349 OF 2015 lncome Tax Tribunal Appeal filed under section 260 A of the lncome TaxAct,1961.,aggrieved by the Orders datedt.06-06-2014, of the lncome TaxAct,1961.,aggrieved by the Orders datedt.06-06-2014, of the lncome TaxAppellate Tribunal, passed in l.T.A.No.76llHydt2O13, for the assessment year2008-09, on the file of the tncome Tax Appellate Tribunal Hyderabad Bench [,A,,]Hyderabad.2008-09, on the file of the tncome Tax Appellate Tribunal Hyderabad Bench [,A,,]Hyderabad. Between: COMMISSIONER OF INCOME TAX-V, tT Towers, A.C.Guards, Hyderabad. .APPELLANT/RESPONDENT AND Sri C.GOPAL REDDY, Plto No.33, Jayanagar Colony, Bowenapally, Secunderabad. .RESPONDENT/APPELLANT Counsel for the AppellantCounsel for the RespondentThe Court made the followingCounsel for the RespondentThe Court made the following :SRl B. NARASIMHA SARMA SC FOR tTREPRESENTED BY MS.B.SAPNA REDDY : SRI A.V.A.SIVA KARTIKEYA : JUDGMENT ,..^,.*,.*.,,",*"*',,.*JffIE-.trtrON0.L8-{BLes.RlJusTICE,P-SA[I.K{)SH.Y*,,.,*,..,-.!:!:qr:i.'1-r:-:,:'J".,ru..:d?rL]ANDTHE HONOURABLB SRI JUSTICE NANDIKONDA ITTA No.349 OF 2015 JUDGMENT: @er Hon'ble Sri [Justice P.Sam Koshy)] Heard Ms. B.Sapna [,Reddy, ]leamed Junior [Standing] Counsel representing Mr. J.V.Prasad, [learned ][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 06.06.2014 passed by thc [[ncome ][Tax]Appellate Tribunal, Hyderabad Bench [' ]A', [[ ][1'derabad,tnLT.A.No.767lHydl20l3 for the Assessmerrt Year 1008-09. 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,b5' lufther enhancing the nronetarylimits for filing appeals by the Income Tax Department before thelncome Tax Appellate Tribunals, High Courrs and Suprerne [(iourt] as a measure for reducing titigation. In paragraoh 2 .of the said Circular, we find that the monetary limit fixed for hling an appealbefore the High Court is Rs.2.00 crore.before the High Court is Rs.2.00 crore. 4In the instant appeal, tax effect is well below the monetarylimit.limit. 5. Therefore, the appeal fited by rhe 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 toseek revival of the appeal. There shalt be no order as to costs. 6Consequently, miscellaneous petitions pending, if any, shallstand closed.stand closed. Sd/- K. SRINIVASA RAOJOINT REGISTRAR //TRUE COPY// t SECTION OFFICER To, 1. The lncome Tax Appellate Tribunal Hyderabad Bench 'A',Hyderabad.Hyderabad. 2. One CC to SRI B NARASIIVIHA SARMA, Standing Counsel for lT, [OPUC! 3. One CC to SRI A V.A SIVA KARTIKEYA, Advocate [OPUCI 4. Two CD Copies Y\. HIGH COURT DATED:0110412025 1[ylE ][SLc,y]€e('o,J2 [5 ][llJE ][206]t- JUDGMENT ITTA.No.349 of 2015 DISMISSING THE INCOME TAX TRIBUNAL APPEAL i-, [r-rqi':\]' -- {ra.,"\ [1 ][\ra.-]