One Cc To Sri J v. Prasad, [Senior Standing ][Counsel ][For ][Lncome ][Tax]Department [Opuc

(-.:.', IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD MONDAY ,THE TENTH 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: 297 OF 2010 Appeal filed under Section 260(4) of the lncome-Tax Act, against the orderdated. ['16-01-2008 ]passed in ITA.No. 11961Hyd12004 [(Assessment year ]2001-02) onthe file of the lncome Tax Appellate Tribunal Hyderabad Bench ['A', ][Hyderabad]preferred against the Order dated: 24-09-2004 passed in Appeal No.'144lAC-3(1yClT(A)-lV/04-05) on the file of the Commissioner of lncome Tax [(Appeals)lV,]Hyderabad preferred against the Assessment Order dated. 31-03-2004 [passed ][in]PAN/GIR No. (SH-15 on the file of the lncome Tax Department.Between: The Commissioner of Income Tax-lll, lT Towers, AC Guards, Masab [Tank,]Hyderabad ...APPELLANT AND Ir//s.Shakti Seeds [P] Ltd, H.No.3-6-439/4, Himayathnagar, Hyderabad [-29]...RESPONDENT...RESPONDENT Counsel for the Appellant: SRI B. NARASIMHA SHARMA Counsel for the Respondents: Ms. B. SAPNA REDDY, JUNIOR [S.C. ]REP. Mr. J.V.PRASAD, SENIORS.C. FOR INCOME TAX DEPARTMENT The Court made the following: JUDGMENT f' .l THE HONOURABLE SRTJUSTICE P.SAM KOSHYANDTHE HONOURABLE SRIJUSTICE NARSING RAONANDIKONDA ITTA No.297 OF 2010 JUD(lMEn-'I' lper Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior StandingCounsel represe-nting Mr. J.V.Prasad, leamed Senior StandingCounsel fbr the lncome Tax Department lor the appellant. Perusedthe record. 2. This appeal under Section 2604. of the Income Tax Act,1961, has been preferred by the Revenue as the appellantagainst the order dated 16.01.2008 passed by the Income TaxAppellate l'ribunal, Hyderabad Bench 'A', I{yderabad,IllI.T.A.No. I 19t6lllydl2004 for the Assessment Year 2001-02.3. Central Board of Direct Taxes (CBDT) has issued CircularNo.9 of 202"1 dated 17.09.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024, by further enhancing the monetarylimits lor filing appeals by the Income Tax Department before theIncome Tax ,{ppellate Tribunals, High Courts and Supreme Court I I (.! \ To, as a measure for reducing iitigation. In [paragraph ][2 ]of [the ][said]Circular, we find that the monetary limit [fixed ][for ][filing ][an ][appeal]befbre the l{igh Court is Rs.2.00 crore 4. In the instant appeal, tax effect is well below the [monetary]lirnit. 5. l-herefore, the appeal filed by the Department is [dismissed in]tcrms of the aforesaid Circular No.9 of 2024 [dated ][17.09.2024.]However, il the appeal comes within the [exception ][of ][Circular]No.5 crf 2024. il would be open to the Income [Tax ][Department to]seek revival ofthe appeal. There shall be no [order ][as ][to ][costs.] (r. Consequently, miscellaneous petitions pending, il any, shallstand closed. Sd/. K. SRINIVASA JOINT REGISTRAR //TRUE COPY// ECTION OFFICER 1. The lncome Tax Appellate [Tribunal Hyderabad ][Bench ]['A', ][Hyderabad] 2. The Commissioner of [lncome Tax (Appeals)lV, ][Hyderabad] 3. One CC to Sri J- V. Prasad, [Senior Standing ][Counsel ][for ][lncome ][Tax]Department 4. One CC to Sri B. Narasimha [Sarma, ][Advocate ] 5. Two CD Copies Plp/gh HIGH COURT DATED:1010212025 JUDGMENTITTA.No.297 of 2010 DISMISSING ['THE ]APPEAL II@ ttia'-j?7 [iAff]*