The Commissioner of Income Tax-III, vs. M/s Soma Enterprises Ltd.,

atil IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY. THE NINETEENTH 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: 490 OF 2010 lncome Tax Tribunal Appeal under Section 2604 of the lncome Tax Act, 1961 against the Order dated 02-05-2008 passed in lTA. No. 1 21 0/Hyd/2005 for the Assessment Year 20O2-O3 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, preferred against the Order dated 11-10-2005 passed in Appeal No.117lAC-3(2yClT(A)-lV/05-06 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad, preferred against the Order dated 25-04-2005 passed in PAN/GlR No.AACCS8242F/S-031 on the file of the Assistant Commissioner of lncome Tax, Circle 3(2), Hyderabad. Between: The Commissioner of lncome Tax-lll, Hyderabad ...Appellant AND M/s Soma Enterprises Ltd., 8-2-6231511/'1, Avenue-4, Banjara Hills, Hyderabad-34 ...Respondent Counsel for the Appellant Ms B Sapna Reddy, Junior Counsel Representing MrJ V Prasad, Senior Standing Counsel for lncome Tax Department Counsel for the Respondent : Sri P Murali Krishna The Court delivered the following Judgment : '- c

I \ \ THE HONOURABLE SRI JUSTICE P.SAMiKOSHY AND THE HONOURABLB SRI JUSTICE NARS]NC RAO NANDIKONDA JUDGMENT: @cr llon 'ble Sri hstice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned 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 02.05.2008 passed by tht: Income Tax Appellate Tribunal, Hyderabad Bench 'B', Ftyderabad, ln I.T.A.No. 1 2 1 0 I I ly dl 2005 for the Assessment Year 2(t02-03. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previor-rs Circular No.5 of 2024 datcd 15.03.2024, by turther enhancinll the monetary limits for filing appeals by the Income Tax Departrrent before the Income Tax Appellate Tribunals, High Courts and S,upreme Court 1 i 1 7 ITTA No.490 OF 20I0

, ..-a 2 s.:'l 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 dated 17.09.2024. However, if the appeal comes within the exception of Circular No.5 of 2024, it would be open to the lncome Tax Department to seek revival of the appeal. There shall be no order as to costs. 6. Consequently, miscellancous petitions pending, if any, sliall stand closed. Sd/- K. SRINIVASA RAO J INT REGISTRAR //TRUE COPY// S CTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad 2, The Commissioner of lncome Tax (Appeals)-lV, Hyderabad 3. The Assistant Commissioner of lncome Tax, Circle 3(2), Hyderabad 4. One CC to Mr J V Prasad, Senior Standing Counsel for lncome Tax Department [OPUC] 5. One CC to Sri P Murali Krishna, Advocate [OPUC] 6. Two CD Copies I To, VA/gh ,,w f .<<qeifr

-$5^ \:*, HIGH COURT DATED:1910212025 JUDGMENT ITTA.No.490 of 2010 DISMISSING THE ITTA Ht': STr I4- 1 ( 1 tJc,J 5 PI R o (l a A.i i"- "\ ilrfi I { I .eSnb &r"