Itta/386/2010 Of The Commissioner Of Income Tax-V v. Shri Sanjay Agarwal

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERIABAD TUESDAY, THE FOURTH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 386 OF 2010 lncome Tax Tribunal Appeal Under Section 260,4 of the lncome Tax Act,1961against the Order dated 31-07-2008 passed in |T(SS)A.No.109/Hyd/2005 for theBlock period 1997-98 to 2002-03 on the file of the lncome Tax Appellate Tribunal,Hyderabad Bench ['A', ]Hyderabad preferred against the Order dated 11-03-2005passed in Appeal No.0162lCC-3,HydlCI (A)-1104-05 on the file of the Commissionerof lncome Tax (Appeals) - Hyderabad preferred against the Order dated30-04-2004 passed in P.A.N. NO/G.l.R. No. ADDPA 6971G on the file of the DeputyCommissioner of lncome Tax, Central Circle - 3, Hyderabad. Between: The Commissioner of lncome tax-V, I.T.Towers, Masab Tank, Hyderabad. ...AppellanU AND Shri Sanjay Agarwal, 16, Juipter Colony, Kakaguda, Secunderabad. ...RespondenU Counsel for the Appellant : Ms. B Sapna Reddy, Junior standing Counselrepresenting Sri J V Prasa, Senior Standing Counsel for lncome-Tax [Dept.] Counsel for the Respondent: Sri K Vasantkumar The Court delivered the following: Judgment r THE TIONOURABLE SRI JUSTICE P.SAM KOSHYANDTHf HONOURABLE SRI JUSTICE NARSING RAONANDIKONDA ITTA No.386 OF 2010 .IIJD(;MI,]N T[(per ]llon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior StandingCounsel for the lnconre Tax Department for the appellant. Perusedthe recolcl-2. This appeal under Section 260,{ of the Income Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 31.07.2008 passed by the Income TaxAppellate I'ribunal. [lyderabad Bench 'A', I{yderabad, in IT (SS)A.No. I 09/l 11 di05 tbr the block period 1997 -98 to 2002-2003 up to18.04.2002 3. Central Board of Direct Taxes (CBDT) has issued CircularNo.9 ol 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 theIncome l-ax Appellate Tribunals, High Courts and Supreme Court I as a measure for reducing litigatioi. 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.4- ln the instant appeal, tax effect is well below the monetarylimit.before the High Coun is Rs.2.00 crore.4- ln 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 toseek revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shallstand closed' stand closed' sd/- A.v.s.s.c.s.M. 'ARMA OINT REGISTRAR'ARMA //TRUE COPY// 0ECTION OFFICER \ To, 1. The lncome Tax Appellate Tribunal, Hyderabad [Bench ]['A', ][Hyderabad] 2. The Commissioner of lncome Tax [(Appeals) ][Hyderabad] 3. The Deputy Commissioner of lncome [Tax, Central ][Circle ]- [3, ][Hyderabad.]4. One CC to Sri J V Prasad, Senior Standing Counsel [for lncome-Tax ][Dept.]toPUCl4. One CC to Sri J V Prasad, Senior Standing Counsel [for lncome-Tax ][Dept.]toPUCl 5. One CC to Sri K Vasantkumar, Advocate 6. Two CD Copies ADK \ III HIGH COUR'I".-DATED:0410212025 JUDGMENT ITTA.No.386 of 2010 DISMISSING THE ITTAWITHOUT COSTS 06 -a.1HE [rAa]€2 [1 ][ri1Afr ][2025]t,IrAT r)tl[r.O]