THE COMMISSIONER OF INCOME TAX -IV, HYDERABAD. vs. NARESH KUMAR AGARWAL,

43447 I 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: 340 OF 2010 Appeal filed under Section 260(4) of the Income-Tax Act., 1961 , against the order dated. 24.08.2004 passed rn lTA.No. 19/H/2004 for the Block period '1990-91 to 1999-2000 on the file of the Court of the lncome Tax Appellate Tribunat Hyderabad Bench 'B', Hyderabad preferred against the Order dated: 23.122003 passed in l.T.A No. 0065/CC-5, Hyd/ClT(A)-1102-03 on the fite of the Court of the Commissioner of lncome Tax (Appeals)-1, Hyderabad preferred against the Assessment Order dated. 27.03.2002 passed in PAN No. N-703/C.C-5 on the file of the Court of the Assistant Commissioner of lncome Tax Central Circle-S, Hyderabad. Between: The Commissioner of lncome Tax -lV, Hyderabad ...Appellant AND Naresh Kumar Agarwal, Hyderabad, H No. 3-4-829/'i , Barkatpura, Hyderabad. ...Respondent Gounsel for the Appellant : Ms. B. Sapna Reddy, Junior Standing Gounsel representing Mr. J. V. Prasad Senior Standing Counsel for the lncome Tax Departrnent Counsel for the Respondent : Sri CH Pushyam Kiran The Court delivered the following:

,-1-7 ,/ THE, HONOURABLE SRIJUSTICE P.SAM KOSHY AND THE HONOURABLE SRIJUSTICE NARSING RAO NANDIKONDA ITTA No.340 OF 2010 JUDGMENT (tcr Hon ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel reprcsenting Mr. J.V.Prasad, leamed Senior Standing Counsel lbr thr: Income Tax Department for the appellant. Perused the record. 2. This apneal under Section 2604. of the Income 1'ax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 24.08.2004 passed by thc lncomc Tax Hyderabad Bench 'B', I lyderabad, ln I.T.A.No. I 9/FI/2004 for the block period 1990-91 to 1999-2000 3. Central Lloard of Direct Taxes (CBDT) has issued Circular I No.9 of |2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 clated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Income Tax f)epartnrent before the Appellate Tlibunal, I Income Tax Appellate 'lribunals, High Courts and Supreme Court

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. 4 In the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 d,ated 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 ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- C.V. MALLIKARJUNA VARMA JOINT REGISTRAR S CTION OFFICER To, 1. The lncome Tax Appellate Tribunal Hyderabad Benchs '8" Hyderabad. z. The Commissioner of lncome Tax (Appeals)-|, Hyderabad' 3. The Assistant commissioner of lncome Tax central circle-S, Hyderabad. +.oneCCtoMr'J.V.PrasadSeniorStandingCounselforthelncome Tax Department [OPUC] 5. One CC to Sri. Ch Pushyam Kiran, Advocate [OPUC] 6. Two CD CoPies DL o I I I l : i

HIGH COURT DATED:O410212025 JUDGMENT ITTA.No.340 of 201Cr DISMISSING THE IT-TA 0 4 APfr 2[25 o6,SPATC rrfo J,i t ,( o9 -@ (