THE COMMISSIONER OF INCOME TAX-III vs. M/S. VIJAI ELECTRICALS LTD.

134471 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No: 334 ot 2012 lncome tax Tribunal Appeal under Section 260-4 of the lncome tax Act, 1961, against the Order of the lncome Tax Appellate Tribunal, Hyderabad Bench B, Hyderabad in ITA No.B45/Hyd/2009 for Assessment Year 2006-2007 daled 22-07- 2011, preferred against the Order of the Commissioner of lncome Tax (Appeals) lV, Hyderabad dated 29-04-2009 in Appeal No. 355iAddk.C|T/R-3/ClT(A)-lVi08-09, preferred against the Order of the Additional Commissioner of lncome Tax, Range-3, Hyderabad daled 17-12-2008 in PAN/GlR No.AAACW2S9B. Between: The Commissioner of Income Tax-lll, l.T. Towers, A.C. Guards, Hyderabad. ...Appellant AND M/s. Vijai Electricals Limited, Plot No. 28, lndustrial Development Area, Balanagar, Hyderabad. ...Respondent Counsel for the Appellant: Ms. B. Sapna Reddy, Standing Gounsel representing Mr. J. V. Prasad, Senior Standing Counsel for the Income Tax Department Counsel for the Respondent: Mr. A.V.A. Siva Kartikeya The Court delivered the following: JUDGMENT I PRESENT

t THE ITONOURAI}LE SRT JUSTICE P.SAM KOSIIY AND THE HONOTIRABLE SRT JUSTICE NARSTNG IIAO NANDIKONDA iTTA No.334 OF 2012 .IUDGMENl . ttrr l{on'ble,\ri .lustitc P.Sam Ko.th.,) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for ihe Income Tax Deparlment for the appellant and Sri A.V.A.Siva Kartikeya, learned counsel for the respondent Perused the record. 2. 'lhis appeal under Section 260.4 of the Income 'l-ax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 22.07.2011 passed by the Income Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad, in I.T. A. No. 84-s/I1y dl 2009 for the Assessment Year 200 6-07 . 3. Cenh'al Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 202.1 dated 15.03.2024, by further enhancing rhe monetary limits for filing appeals by the Income Tax Departmenr before the , , I I

Income Tax Appellate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said Circular, we find that the monetary limit Ilxed for filing an appeal before the I{igh 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 Deparlrncnt is dismissed in tenns of the aforesaid Circular No.9 of 2024 daled 17.09.2024. However, if thc appeal comes within the exccptior.r of Circular No.5 of 2024, ir would be open to thc lrtcorne Tax Department to seek revival ofthe appeal. There shall be no order as to costs. 6. Consequcntly, miscellaneous petitions pending, if any, shall stand closed. I 1 //TRUE COPY// Sd/. K. SRINIVASA RAO JOINT REGISTRAR ECTION OFFICER To 1. The lncome Tax Appellate Tribunal' Hyderabad Bench B, Hyderabad' 2. The Commissioner of lncome Tax (Appeals) lV, Hyderabad' 3. The Additional Commissioner of lncome Tax, Range-3, Hyderabad' 4.OneCCtoMr.J.V.Prasad,seniorStandingCounselforthelncomeTax Department [OPUC] 5. One CC to tvir. A.V.A. Siva Kartikeya, Advocate [OPUC] 6. Two CD CoPies kanr/PIt 2 \

HIGH COURT DATED:20102t2025 JUDGMENT ITTA.No.334 of 2012 DISMISSING OF THE APPEAL ( l .--. ? H ir\ a , )t' [,h P t\ s 1 c\ I 4