The Commissioner of Income Tax - III vs. M/s. Vibha Agrotech Limited

13447 l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWELFTH 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: 192 OF 2012 lncome Tax Tribunal Appe4l Under Section 2604 of the lncome Tax Act,1961 against the Order dated 18-06-2010 passed in ITA No.481/Hyd/2008 for the Assessment Year 2004-2005 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad preferred against the Order dated 28-12-2007 ., passed in Appeal.No.0486/C|T(A)-|V/DC-3(3y2006-07 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Order daled 26-12-2006 passed in PAN/GIR No. A.iqACV 8157 A on the file of the Deputy Commissioner of lncome Tax, Circle - 3(3), Hyderabad. Between: The Commissioner of lncome Tax - lll, LT. Towers, A.C. Guards, Hyderabad ...Appellant AND M/s. Vibha A Somajiguda, grotech Limited, 501, Shuban Sirisampada, Raj Bhavan Road, Hyderabad. ...Respondent Counsel for the Appellant : Ms. Bokaro Sapna Reddy, SC for lncome Tax Counsel for the Respondent : Sri Ravinder Reddy Vadiyala The Court delivered the following: Judgment

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSIIIG RAO NANDIKONDA / INCOME TA)( TRIBUNAL APPEAL No. 192 OF 2Ol2 JTIDGMENT: (per Hon'ble Sn Justice P Sa,'t Koshy) Heard Ms.Bokaro Sapna Reddy, learrred Stand:n1; Counsel for Income Ta-x, appearing on behalf of the appellant 2. The instant appeal under Sectiolt 260A of t}:c tncome Tax Act. 1961, has been preferred by the Revenue as th,.: :rr'r pi. r i:rr-rt agzrinst thc order dated 18.06.2010 passed by the Income Taui r\p,.rellzLte Tribur-ral. Assessment Year 2004-05. 3. Central Board of Direct Taxes (CBDT) has issue:i C)ircular No.9 ol 2024 dated 17.O9.2024, ermenciir.rg the previons Circrlar No.5 of 2024 dated 15.03.2024, by further enh.{ncirlg the monetzrr.r' limits for filing appeals by the Income Tax Department before ri.c' Incorne Tax Appellate Tribunals, High Courts and Supreme Cor.rrl its a measrrre for reducing litigation. In paragraph 2 of the said Cir-c,.rlar, we tir.rd that the monetary limit fixed for filing an appeal before the l{igh Court is Rs.2.00 crore. , , Hyderabad '8" Bench, Hyderahacl, in I.T.A.No.4B) ,i ts'11 12gg8 for the

Page 2 of 3 4. ln the instant appeal, tax effect is well below the rnonetar5r limit. 5. Therefore, the appeal filed by the Revenue is dismissed in terms of the aloresaid Circular No.9 of 2024 dated 17.O9.2O24. However, if the appeal comes rvithin the exception of Cireular No.5 of 2024, it w'ould be open trr the lncome Tax Department to seek reviva-l of the appeal. No costs, 6, As a scq-,.rel, miscellaneous applications pending if any, shall stand clo secl SD/-K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lv, Hyderabad 3. The Deputy Commissioner of lncome Tax, Circle - 3(3), Hyderabad. 4. One CC to Sri B Narasimha Sarma, Advocate [OPUC] 5. One CC to Sri Ravinder Reddy Vadiyala, Advocate [OPUC] 6. Two CD Copies ADI</DL l I ;

i\ HIGH COURT DATED:1210212025 JUDGMENT ITTA.No.192 of 2012 DISMISSING THE ITTA WITHOUT COSTS Ia: 2tp5 o e YT (- T P * * t A B 2 :) {- tt P 1 -,--a-=' *:- F;