M/S. Srinivasa Hatcheries Limited, Jubilee Hills, Hyderabad v. Prasad Senior Standingcounsel For The Lncome Tax Department

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD 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: 109 oF 2010 Appeal filed under Section 260(4) of the lncome-Tax Act , 196 1 , against theorder dated. 30.11.2007 passed in lTA No. 335/H/99 for the assessment year 1996-1997 on the file of the Court of the lncome Tax Appellate Tribunal HyderabadBenchs 'B', Hyderabad preferred against the Order dated: 09.03.1999 passed inAppeal No. 1 191/JC.SR.4/ClT(A)lV/98-99 on the fite of the Court of theCommissroner of lncome Tax (Appeals)-lV, Hyderabad preferred against theAssessment Order dated: 30.11.'1998 passed in PAN No. 5-100 on the file of theCourt of the Joint Commissioner of lncome Tax, (ASSTS ,) SpL.. Range-4.Hyderabad. Between: The Commissioner Of lncome iax-lll, I.T. Towers, AC Guards, Masab Tank,Hyderabad. ...Appellant AND M/s. Srinivasa Hatcheries Limited, Jubilee Hills, Hyderabad ...Respondent Counsel for the Appellant : Ms. B. Sapna Reddy, Junior Standing Counselrepresenting Mr. J. V. Prasad Senior StandingCounsel for the lncome Tax Department Counsel for the Respondent : Sri Y RatnakarThe Court made the following: ORDERThe Court made the following: ORDER THE HONOT]RABLE SRIJUSTICE [P.SAM ] ANDTHE HONOT]RABLE SRI NANDIKONDA ITTA No.109 OF 2010 JUDGMIiNT [I][ptr ] [lon'ble ][Sri ][.luslice ][P.Sam Koshy)] Heard Ms. B.Sapna Reddy, [leamed ][Junior ][Standing]Counsel repre:;enting Mr. [J.V.Prasad, ][leamed Senior ][Standing]Counsel fbr the [ncome Tax [Department for the appellant. ][Perused]the record. 2- 1-his appeal under Section [260,{ ][of ][the ][Incorne ][Tax ][Act,]1961, has been [pref'erred ]by [the ][Ret'enue ][as ][the ][appellant]against the order dated 30.11.2007 [passed ][by ][ther ][Income ][Tax]Appeltate Trihunal, Hyderabad Bench'B', [Ftlderabad, ][in]I.T.A.No.335/llyd/1999 [tbr the ][Assessment ][Year ][1996-97.] t 3. Central lloard of Direct [Taxes ][(CBDT) ][has ][issued ][Circular ]tNo.9 of 2024 dated [11 ].09.2024, [amending ][the ][previous ][Circular]No.5 of 2024 tlaretl i5.03.2024, [by ][further ][enhancing ][the ][monetary]limits for filing appeals by the [Income Tax ][Department before the]Income Tax Appcllate ['fribunals. Fligh ][Cor.rrts ][and Supreme ][Court] 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 monetaryIimit.Iimit. 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, shall stand closed. Sd/. K. SRINIVASA RAO NT REGISTRAR //TRUE COPY// \ S CTION OFFICER To, I The lncome Tax Appellate Tribunal Hyderabad Benchs 'B',Hyderabad.Hyderabad. 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad. 3. The Joint Commissioner of lncome Tax, (ASSTS.,) SPL.. Range-4,Hyderabad.Hyderabad. 4. One CC to [/lr. J. V. Prasad Senior Standing Counsel for the lncomeTax Department tOPUCITax Department tOPUCI 5. One CC to Sri Y Ratnakar, Advocate TOPUCI 6. Two CD Copies DL(r- HIGH COURT DATED:04/0212025 JUDGMENTlTTA.No.109 of 2010 DISMISSING THE ITTA. 1![rt: ][ST.'. ][i]qa()0q [APn]4\**.oEr; [pA-I ][c]