THE COMMISSIONER OF INCOME TAX-III vs. M/S RASA AGRO TECH PVT. LTD.

13447 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FOURTH 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: 194 OF 2010 Appeal filed under Section 260(4) of the lncome-Tax Act, against the order dated. 21-11-2008 passed in lTA.No. 408lHydl2007 for the assessment year 2004- 2005 on the file of the Court of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated: 12-01-2007 passed in Appeal.No. 0304/DC-3(1)/C.lT(A)-lV/2006-07 on the file of the Court of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Assessment Order dated: 09-1 1-2006 passed in PAN/GIR No. AABCRB624BIR-215 on the file of the Court of the lncome Tax Department, Deputy Commissioner of lncome Tax, Circle 3(1), Hyderabad. The Commissioner of lncome Tax-lll, l.T Towers, A.C.Guards, Masab Tank, Hyderabad. ...APPELLANT AND M/s Rasa Agro Tech Pvt. LTD., B/1 , Rassolpura, Secunderabad. ..,RESPONDENT Counsel for the Appellant: Sri J.V. Prasad, Standing Counsel for lncome Tax Counsel for the Respondent: Ch Pushyam Kiran The Court delivered the following JUDGMENT: I I I I Between:

I l THE HONOURABLE SRIJUSTICE P.SAM KOSHY AND THE HONOURABLE SRIJUSTICE NARSING IIAO NANDIKONDA JT]DGMEN't: @er llon'ble Sri Justice P.Som Koshy) Ileard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior Standing Counsel for the Incorne Tax Department for the appellant. Perused 2. This appeal under Section 260i of the lncome Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 21.11.2008 passed by the Income Tax Appellate l-ribunal, Hyderabad Bench 'A', Hyderabad, ln I.T.A.No.408/Hydl2007 for the Assessment Year 2004-05. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing rhe monetary limits for filing appeais by the Income Tax Department before the 1 \ Income Tax Appellate Tribunals, High Courls and Supreme Court / ITTA No.194 OF 2010 the record. I

2 -i To, Vlllch as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit fixed for filing an appeal befbre the High Court is Rs.2.00 crore. 4. In the instant appeal, tax effect is well below the monetary timit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the atbresaid Circular No.9 of 2024 dated 17.09.2024. However, 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 of the appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// S CTION OFFICER '1. The lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad 2. Commissioner of lncome Tax (Appeals)-lV, Hyderabad 3. lncome Tax Department, Deputy Commissioner of lncome Tax' Circle 3(1)' Hyderabad. 4. One CC to Sri J. V. Prasad, SC for lncome Tax [OPUC] 5. One CC to Sri Ch. Pushyam Kiran, Advocate IOPUC] 6. Two CD Copies w I I I

HIGH COURT DATED: 0410212025 JUDGMENT ITTA.No.194 of 2010 DISMISSING THE ITTA 1H(- - t .: ,.+ 21 trriii 2025 fATcH \l .h r I @