THE COMMR OF INCOME TAX [CENTRAL] HYDERABAD vs. M/S SMS PHARMACEUTICALS LTD., HYDERABAD

t34471 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INGOME TAX TRIBUNAL APPEAL NO: 20 0F 2016 AppealfiledunderSection260-AofthelncomeTaxAct,.196,l,againstthe order of the lncome-tax Appellate Tribunal, Bench B Hyderabad in |TA.No.355iHi2007'dated26.o2.2o14fortheassessmentyear2002-03,Servedon the Appellant 21 .O4.2014 preferred against the order passed by the commissioner of lncome-Tax (APPeals), CamP Office, lTA.No.0089/ClT(AyGNT/2006-07, dt.27 -12 2006' at Hyderabad in in PAN.No.AADCS2221D preferred against the order d1.27.12.2004 in PAN.No.AADCS2221D / s-',10 by the Asst. Commissioner of lncome-tax 3(2), Hyderabad Between: THE COMMR OF INCOME TAX [CENTRAL] HYDERABAD ...APPELLANT AND M/S SMS PHARMACEUTICALS LTD., 417, Neelgiri Aditya Enclave Ameerpet, Hyderabad ...RESPONDENTS Counsel for the Appellant: Ms.B.Sapna Reddy, Jr'sc SRI. J V PRASAD (SC FOR INCOME TAX) Counsel for the Respondents: NONE APPEAREO The Court made the following: ORDER

..'.? THE HONOURABLE SRI JUSTTCE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSTNG RAO NANDIKONDA ITTA No.20 OF 2016 JUDGMENT: (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, leamed Senior Standing Counsel for the Income Tax Department for the appellant. Perused the record. 2. This appeal under Section 260,4. of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 26.02.2014 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, 1n I.T.A.No.355,iFV2O07 for the Assessment Year 2002-03. 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 the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court

2 To, as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit fixed for hling 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 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 ofthe appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed Sd/- I. NAGA LAKSHMI JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome-tax Appellate Tribunal, Bench B ,Hyderabad' 2. The Commissioner of lncome-tax (Appeals), Camp Office, Hyderabad 3. The Asst. Commissioner of lncome-tax, 3(2), Hyderabad' +. One CC to SRl. J V PRASAD (SC FOR INCOME TAX) Advocate [OPUC] 5. Two CD CoPies V"

\ t HIGH COURT DATED:07104t2025 ORDER ITTA.No.20 of 2016 DISMISSING THE ITTA *pn4 4 -- ""...,::=}1 5 t I I v \ 3 1 JUI 2025 o6:sP4TCr rr,l \\ C, I * &" i I I i I l i I i i I I I I I I i I t I I 1 i , l l