Road v. M/s.GtvlRlndustries

Counsel for the Appellant: Ms. B. Sapna Reddy, Junior Standing Counsel' representing Sri i.t. Prasad, Senior Standing Counsel for lncome Tax Counsel for the Respondent: Sri Ch' Pushyam Kiran The Court delivered the following JUDGMENT: THE IIONOURABLE SRI.'USTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING R,\O NANDIKONDA ITTA No.313 OF 2010 JTIDGMENI: (per l{on'ble Sri Justice P.Sarn Koshy) I{eard Ms. B.Sapna Reddy, leamed Junior Sr.anding Counsel representing Mr. J.V.Prasad, leamed Senior St.anding Counsel For the Income Tax L)epartment for the appellant. I,erused the record

#2. This a.ppeal under Section 260A of the Income '['ax Act, 1961, has been prefen'ed by the Revenue as the appellant against the older dated 31.07.2008 passed by the Inco;:ne Tax Appellate l'rlbunal, Hyderabad Bench 'B', Hyderabad, \ I.T.A.No.78/Hyd/2008 for the Assessment Year 2004-05

#3. Central Boald of Direct Taxes (CBDT) has issued rl]ircular No.9 of 2021 dated, |i.09.2024, amending the previous (lircular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department belbre the Income Tax .Appellate Tribunals, High Courts and Supreme Courl 2 as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore. In the instant appeal, tax effect is well below the monetary

#4. Iirnit.

#5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17-09-2024' l{owever, if the appeal comes within the exception of Circular No,5 of 2024, it would be open to the Income Tax Department to seek revival ofthe appeal. There shall be no order as to costs.

#6. Consequently, miscellaneous petitions pending, if any, shall stand closed Sd,. C.V. MALLIKARJ J INT UNA VARMA REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 2 , 4 ( 6 The lncome Tax Appellate Tribunal Hyderabad Bench '8" Hyderabad Commissioner of lncome Tax (Appeals)- lll' Hyderabad Court of the lncome Tax Department' Assistant Commissioner of lncome Tax' Circle 2(3), HYderabad' One CC to Sri J V Prasad(SC for lncome Tax) [OPUC] One CC to Sri Ch. Pushyam Kiran, Advocate [OPUC] Two CD CoPies VH/ghqr HIGH COURT DATED: 1010212025 JUDGMENT ITTA.No.313 of 2010 /-o x q

51..1 f€ 11 t'rl.R 2[6 z a t -r! l).-.r -... DISMISSING THE ITTA I ,S4 \1- _ Z\ilar I a