THE COMMISSIONER OF IT - II, HYD vs. INFOBAHN TECH. LTD., HYD

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTYSIXTHDAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA PRESENT ribunal A eal No 420 of2073 lncome Tax T Income Tax Tribunal Appeal Under Section 260 of the Income Tax Act' against the order of the Income Tax Appellate Tribunal' Hyderabad Bench "8"' Hyderabd in ITA.No962/HYD/2003 for the assessment year 2002-03 dated 06.08.2012 Preferred against the Order of the Commissioner of Income Tax(Appeals)-IIl, Hyderabad, appeal ITANo'15/DC 2(1)/CIT(A)-III/05-06 dated 08.09.2006. Between: in" Co--ittioner of IT-II, Hyderabad ..Appellant. AND Infobahn Techonologies Ltd", L539 Avenue - I' Street No' 17 Banjara Hills' Hyderabad. ...ResPondent. Sunitha, for Sri P. Murali Krishna, Sr' Standing Counsel for the APPellant:Ms' f ' Counsel for IT DePt. Counsel for the ResPondent: -- The Court made the following: JUDGMENT

v TIIE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOT]RABLE SRI JUSTICE NARSING RAO NAIIDIKONDA ITTA No.420 F 2013 JTIDGMENT: (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. J. Sunitha, leamed Junior Standing Counsel representing Mr. P. Murali Krishna, leamed Senior Standing Counsel for the Income Tax Department. Perused the record 2. This appeal under Section 260 A of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 06.08.2012 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, ln I.T.A.No.962lHyd/2003 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 as a measure for reducing litigation. In paragraph 2 of the said \ l t; I I

2 I 1r lll To, 1 2 .) 4 5 Circular, we find that the monetary limit hxed 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 wouid 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. SO/. K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// ECTION OFFICER The Income Tax Appellate Tribunal, Hyderabad Bench "B", Hyderabd. The Commissioner of Income Tax (Appeals)-Ill, Hyderabad. One CC to Ms. K.Mamata, Advocate [OPUC]. One CC to Sri P. Murali Krishna, Sr. Standing Counsel for IT Dept. [OPUC] Two CD Copies. .i PHKR/gh w

HIGHCOURT DATED:26/03/2025 JUDGMENT ITTA.No.420 of 2013 Dismissing the l.T.T.A. without costs. R 1HE s 14 o lt..- r4. ( o^ \ 21 ffiE m6 -')r/ ,// 1-og(eb Pr 6{M o ,(J