M/S Sarita Steel And Lndustries Limited, Plot [ v. Prasad, Senior Standing Counsel For The [Lncome Tax]Department

H IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD THURSDAY, THE TWENTIETH DAY OF FEBRUARYTWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHYANDTHE HON'BLE SRI JUSTICE NARSING RAO NANDIKONOA INCOME TAX TRIBUNAL APPEAL NO: 336 Of 2012 lncome tax Tribunal Appeal under Section 260-4 ofthe [lncome ][tax ][Act, ][1961,]against the Order of the lncome Tax Appellate Tribunal, [Hyderabad Bench ][A,]Hyderabad in ITA No.293/Hydl2004 for Assessment [Year ][2000-2001 ][dated ][11-01-]2012, preferred against the Order of the Commissioner of lncome [Tax (Appeals) ][lV,]Hyderabad dated l3-01-2004 in Appeal No [136/DC-3(1)/ClT(A)-1Vi2003-04,]preferred against the Order of the Deputy Commissioner of lncome Tax-3,Hyderabad dated 31-03-2003in PAN/GlR No.SA-199. Between: Commissioner of lncome Tax-lll, lT Towers, A.C.Guards, [Hyderabad] ...Appellant AND M/s Sarita Steel and lndustries Limited, Plot [No.51, Sagar ]Society , [Road ][no.2,]Banjara Hills, Hyderabad. ...Respondent Counsel for the Appellant: Ms. B. Sapna Reddy, Standing [Counsel]representing Mr. J. V. Prasad, Senior Standing Counsel for the [lncome Tax]Department counsel for the Respondent: None AppearedThe Court delivered the following: JUDGMENT THE HONOURABLE SRIJUSTICE P.SAM KOSHY ANDTHE HONOURABLE SRI JUSTICE NARSTNG RAONANDIKONDA ITTA No.336 0F 2012 JUDGMENT: (per Hon,ble Sri Justice p.Sam Kos;hy) Heard Ms. B.Sapna Reddy, leamed Junior StandingStanding counsel representing Mr. J.v.prasad, Ieamed Senior StandingCounsel for the Income Tax Department for the appellant. perusedthe recordthe record 2. This appeal under Section 260A of the Income .I.ax appeal under Section 260A of the Income .I.ax Section 260A of the Income .I.ax 260A of the Income .I.ax of the Income .I.ax the Income .I.ax Income .I.ax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 11.01.2012 passed by the Income TaxAppellate Tribunal, Hyderabad Bench ,A,, Hyderabad, inl.T.A.No.293lllyd/2004 for the Assessment year 2000_01.3. Central Board of Direct Taxes (CBDT) has issued CircularNo.9 of 2024 d.ated 17.0g.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024,by furtherenhancing the monetarylimits for filing appeals by the Income Tax Deparlment before theIncome Tax Appellate Tribunals, High Courts and Supreme Courl This appeal under Section 260A of the Income .I.ax appeal under Section 260A of the Income .I.ax Section 260A of the Income .I.ax 260A of the Income .I.ax of the Income .I.ax the Income .I.ax Income .I.ax Act, \t I To, 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. 4In the instant appeal, tax effect is well below the monetarylimit 5. Therefore, the appeal filed by the Department is dismissed interrns 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 Deparlment toseek revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shallstand closed. Sd/- K. SRINIVASA JOINT REGISTRAR //TRUE COPY// CTION OFFICER 1. The lncome [Tax Appellate ][Tribunal, ][Hyderabad. ][Bench ][A' ][Hyderabad'] Z. fne Commissioner'of [lncome ][Tax ][(Appeals) ][lV' ][Hyderabad'] 5. fn" O"prty [Commissioner ][of ][lncome ][Tax-3, ][Hyderabad'] ;. O"; Ci to [trlr. ][.t. ][V. ][Prasad, Senior Standing Counsel ][for ][the lncome ][Tax]Department Department 5. Two CD [CoPies] kam 4/ r) HIGH COURTDATED:2010212025 JUDGMENTlTTA.No.336 of 2012 DISMISSING OFTHE APPEAL 71/9t/[6/r][ //] 1t? [j ]iii)li a.\*j-:jt:nTC\rr-O