The Commissioner of Income Tax-III vs. APPLabs [India]

t a3447 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TENTH 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: 270 OF 2010 lncome Tax Tribunal Appeal Under Section 260,4 of the Income Tax Act,1 961 against the Order dated 31-12-2007 passed in ITA No.'l 113/Hyd/2006 for the Assessment Year 2002-2003 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad preferred against the Order dated 15-09-2006 passed in Appeal No.0053/DC-6(1)/ClT(A)-lV/2006-07 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Order dated 21-03-2006 passed in P.A.N./G.l.R. No. AAEFA9133C/A393/DC|T.6(1), Hyd on the file of the Deputy Commissioner of Income Tax, Circle - 6('l), Hyderabad. Between: The Commissioner of lncome Tax-lll, lT Towers, AC Guards, Masab Tank, Hyderabad. AND ...Appellant APPLabs [ndia], Plot No.1286, Road No.65, Jubilee Hills, Hyderabad ...Respondent Counsel for the Appellant : Ms. Sapna Reddyrrepresenting Sri J V Prasad, Sc for lncome Tax Counsel for the Respondent: Sri G V Ambeswar representing' M/s MN Advocates The Coud delivered the following: Judgment

, ir \: ,:' THT] TIONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.270 OF 2010 JTJI)CMI'\T (per Hon'ble Sri Justice P.San Koshy) Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel fbr the Income Tax Department for the appellant and Mr. G.V.Arnbestvar, learned counsel representing M/s MN Advocates. Perused the record. 2. This appeal under Section 260,{ of the Income Tax Act. 1961, has lreen preferred by the Revenue as the appellant against the rrrder dated 31.12.2007 passed by the Income Tax Appellate Tribunal, Hyderabad Bench'B', I-Iyderabad, lfr I.T.A.No. l1l3/Hydl2006 for the Assessmenr Year 2002-03. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previotrs Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary, \ I limits for filing appeals by the Income Tax Departr.nent before the I { I I I Heard Ms. B.Sapna Reddy, learned Junior Standing

2 income Tax Appellate Tribunals, High Courts and Supreme Coufi 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. 4. In the instant appeal, tax effect is well below the monetary tirnit. j. Therefore, the appeal filed by the Department is dismissed in tcrms of the aforesaid Circulal No.9 ol 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 Deparlment to seek revival ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, il any, shall stand closed. Sd/. K. SRINIVASA RAO NT REGISTRAR //TRUE COPY// S CTION OFFICER I 1. The lncome Tax Appellate Tribunal, Hyderabad Bench 'B" Hyderabad 2. The Commissionei of lncome Tax (Appeals)-lV' Hyderabad 3. the Oeputy Commissioner of lncome Tax, Circle - 6( 1)' Hyderabad 4. One Ci to'Sri J V Prasad; Sc for lncome Tax [OPUC] 5. One CC to M/s. I\IN Adv6cates' Advocate [OPUC] 6. Two CD Copies ADt</ghw l To, I

HIGH COURT DATED:1010212025 JUDGMENT |TTA.No.270 of 2010 DISMISSING THE ITTA WITHOUT COSTS o 21 tlln ?IJ/5 lfF t. * 1HE sTA ,t f,gnarnrr€ I : 1\ b)^r