THE COMMISSIONER OF INCOME TAX-III vs. M/S.VBC FERRO ALLOYS LTD

13447 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TENTH 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: 286 OF 2010 lncome Tax Tribunal Appeal Under Section 260A of the lncome Tax Act,196'1 against the Order dated 26.09.2008 passed in ITA No.1106/Hyd/2008 for the Assessment Year 2004-2005 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad preferred against the Order dated 31-03-2008 passed in Appeal No.289/DCIT-C.3(3)/ClI(A)-lV/2006-07 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Order dated 26-09-2006 passed in P.A N /G.l.R. No.AAACVT2SBAN-0041154i2004-05 on the file of the Deputy Commissioner of lncome Tax, Circle - 3(3), Hyderabad. Between: The Commissioner of lncome Tax-lll, IT Towers, Masab Tank, Hyderabad. ...Appellant AND MiS.VBC Ferro Alloys Ltd, 6-2-913/9'14, 3rd Floor, Progressive Towers, Khairtabad, Hyd. ...Respondent Counsel for the Appellant : Ms. Sapna Reddy representing Sri J V Prasad, Sc for lncome Tax Counsel for the Respondent: Sri Challa Nagendra Prasad The Court delivered the following: Judgment

.,r.** '/ THE IIONOURABLE SRI JUSTICE P.SAM KOSHY AND THE TTONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.286 OF 2010 JUDGMBNT (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Sitanding Counsel for the Income Tax Department for the appellant. perused the record. 2. This appeal undel Section 260,{ of the Income llax Act. I 961 , has been preferred by the Revenue as the r,Lppellant against the order dated,26.09.2008 passed by the Income Tax Appellate'fribunal, Hyderabad Bench,B', Hyderabad, in I.T.A.No.1 l,)6lHydl2008 for the Assessment year 2004-0: . 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 202.4 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024,by further enhancing the r:ronetary limits for fibng appeals by the Income Tax Department bt:fore the lncome Tax Appeiiate Tribunais, High Courts anti Suprenre Court t I ; I

7 \ \ as a measure for reducing litigation. ln paragraph 2 of the said Circuiar, we find that the monetary timit frxed 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 appeat comes u'ithin the exception of Circular No.5 of 2024, it would be open to the Income Tax Depattment to seek revival ofthe appeal. There shall be no order as to costs' 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. SRINIVASA RAO T REGISTRAR //TRUE COPY// ECTION OFFICER To, Two CD CoPies 1. 2. 2 4. 6. The lncome Tax Appellate Tribunal' Hyderabad pgncn '4" Hyderabad The Commissioner of lncome Tax (Appeals)-lV' Hyderabad The Deputy Commissioner of tnto'" iax' Circle -.3(3)' Hyderabad o"".l"iil'siil v Prasad, Sc for lncome Tax [oPUC] . il; aa io sri cn"tt" Nagendra Prasad' Advocate [OPUC] ADK/gh i I I w

HIGH COURT DATED:1010212025 JUDGMENT lTTA.No.286 of 2010 DISMISSING THE ITTA WITHOUT COSTS 'JR 1 til:. S Ir I€ 2 1 |YIAR 2025 z * DS Y t t i 6 r\