The Commissioner of Income Tax -III, vs. M/S VST Industries Limited,

a34/-71 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 391 OF 2010 Appeal filed under Section 260(4) of the lncome-Tax Act, against the order dated. 09-05-2008 passed in lTA.No. 586/Hyd/2005 (Asst. year 2000-01) on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad preferred against the Order dated: 24-03-2005 passed in Appeal No.64/ACIT-3(4/C|T(A)- lV/03-04) on the file of the Commissioner of lncome Tax (Appeals)lV, Hyderabad prefened against the Assessment Order dated: 31-03-2003 passed in PAN/GIR No. AA./qCV6799CA/-178 on the file of the Assistant Commissioner of lncome Tax, lncome Tax Department, Circle 3(4), Hyderabad. Between: The Commissioner of lncome Tax -lll,, lncome Tax Towers, Masab Tank, Hyderabad - 500 004. ...APPELLANT AND M/s VST lndustries Limited,, Azamabad, Hyderabad - 500 020 ...RESPONDENT Counsel for the Appellant: SRI B. SAPNA REDDY, JUNIOR S.C. REP. FOR Mr. J.V.PRASAD, SENIOR S.C. Counsel for the Respondent: M/s. P. RAJENDER REDDY The Court made the following: JUDGMENT I

THE HONOURABLE SRI JUSTICE P.SAM KOSTIY AND THE HONOURABLE SRI JUSTICE NARSIN(; RAO NANDIKONDA I'I'TA No.39l OF 2010 JUDGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, learned Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel for the Income Tax Department for the appellant. I'erused the recorrl. 2. This appeal under Section 2604. of the [ncomc Tax Act. 1961, has been preferred by the Revenue as thc appellant against tl.re order dated 09.05.2008 passed by the lncome 'l-ax Appellate Tribunal, Ill,derabad Bench'A', lJydc-rabad. t I.T.A.No.586/Hyd/2005 for the Assessment Year 2000-01 . 3. Cerrtral Board of Direct Taxes (CBDT) has issued C]irctrlar No.9 of 2024 dated 17.09.2024, amending the prcvious Circular No.5 of 2024 dated 15.03.2024, by further enhancing thc monetary limits for filing appeals by the Income Tax Department belore the Income Tax Appellate Tribunals, High Courts and Supreme Cor.rrl -7 I I

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 bel'ore the High Court is Rs.2.00 crore 4. In the instant appeal, tax effect is rvell below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 ol 2024 dated 17.09.2024. However, if the appeal comes u,ithin the exception of Circular No.5 of 2024, it would be open to the Income Tax Department to seek revivai of the appeal. Ihere shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall .stand closed. sd/- K. sRl JOINT NNASA RAO REGISTRAR //TRUE COPY// 3(4), HYderabad 4 One CC to Sri B Narasrmha Sarma Advocat" lgP^YCl ;. ;'; id i" rtrlt p naienaer Reddv' Advocate [oPUC] o. Two CD CoPies Plp/gh \? TION OFFICER To, 1. The lncome Tax Appellate Tribunal Hyderabad Bench 'A" Hyderabad 2. The Commissioner of lncome Tax (Appeals)lV' Hyderabad 3. The Assistant Commissi"on* oi f *orn" Tax' lncome Tax Department' Circle

HIGH COURT DATED:1 010212025 JUDGMENT ITTA.No.391 of 2010 DISMISSING THE APPEAL IHE SI4 ( oc 03 APIl zffi s,t'fs fo*o rl