The Commissioner of Income Tax IV vs. Nyse Infrastructure (P) Ltd.,

t34471 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD .I\4ONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO:120 OF 2012 Appeal filed under Section 260(4) of the Income-Tax Act, against the order dated. I 1-O2-2O11 passed in lTA.No.1343/H 1201O for Assessment year 2OO7 -2OOg on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'B', Hyderabad preferred against the Order dated: 06-08-2010 passed in ITA No..l47lDC- 16(1)/C|T(A)-V 12009-10 on the file of the Commissioner of tncome Tax (Appeals)-V, Hyderabad preferred against the Assessment Order dated_ 16-11'2009 passed in PAN/GlR No. AABCN6363III on the file of the Deputy Commissioner of lncome Tax, Circle-16(1 ), Hyderabad. Between: The Commissioner of lncome Tax IV, Hyderabad AND Nyse lnfrastructure (P) Ltd.,, 14, Avenue-14, Banjara Hills, Hyderabad. ...APPELLANT ..RESPONDENT Counsel for the Appellant: Ms. BOKARO SAPNA REDDY, S.C. FOR l.T. Counsel for the Respondent: ----- The Court delivered the following: JUDGMENT -J f' I I

I INCOME TAX TRIBUNAL APPEAL No.12S OF rr)12 JUDGMENT: (per lron ble Sn Justice P.Satn Koshy) Heard Ms.Bokaro Sapna Reddy, learned Star-rciing Counsel for Income Tax, appr:aring on behalf of the appellarrt. 2. The instant appeal under Section 260,4 oi 1i-re Inccime Tax Act, 1961, has been preferred by the Revenue as the ai"'pe:l1ant against the order dated 11.02.2011 passed by the Income Tax Appellate Tribunal, Hyderabad "B" Bench, Hyderabad, in I.T.A.No.13 43lHydl2OlO for the Assessment Year 2OO7 -OB- 3. Central Board of Direct Taxes (CBDT) has issued Circrular No.9 of 2024 dated 17 -O9.2024, amending the previotr". Cilcular No.5 of 2O24 dated 15.O3.2O24, by further enhancing ttle mooclary lirnits for filing appeals by the Income Tax Department befirre ti)e lncome Tax Appellate Tribunals, High Courts and Supreme (lcurt as; z'. rtreasur:e for reducing litigation. In paragraph 2 ol the said e lrcular we find that the monetar5r limit fixed for hling an appeal be{bre the High Court is Rs.2.OO crore. . _.. d TIIE HON'BLE SRI JUSTIC KOSIIY AND THE HON'BLE SRI JUSTICE NARSING R&O XANDIKQNDA

Page 2 of 3 4. In thc iiisl-:irrt al)peal, tax effect is well below the monetar5r limit. 5. Thcreforc, the appeal Iiled by the Revenue is dismissed in terms of the aforesarci Circtlar No.9 of 2024 dated 17.O9.2O24. However, if the appeal comes u.ithin the exception of Circular No.S of 2024, it would be oper: to the Income Tax Department to seek revival of the appeal. No costs- 6, As ii sr:r1uei, rliscellaneous applications pending if any, shall star-rci cioseri Sd/- K. SRINIVASA RAO INT REGISTRAR //TRUE COPY// ECTION OFFICER To, 'l . The lncome Tax Appellate Tribunal Hyderabad Bench 'B', Hyderabad 2- The Commissioner qf lncome Tax (Appeals)-V, Hyderabad 3. The Deputy Commissi'oner of lncome Tax, Circle-l6(1), Hyderabad 4. One CC to SriJ. V. Prasad, S.C. for lncome Tax, [OPUC] 5. Two CD CoPies Plp/gh YA- ,f' l I l./

.ovfe6 c.i t{,\( :6{u HIGH COURT DATED:1710212025 JUDGMENT lTTA.No.l20 of 2012 DISMISSING THE APPEAL. 1 16 APB 2M I,q /(l S HE 1 z t (.) ( t ,L I