THE COMMISSIONER OF INCOME TAX -III vs. M/S.VILWADRI INVESTMENTS PVT LTD

134471 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No: 352 of 2010 lncome Tax Tribunal Appeal under Section 2604 ofthe lncome Tax Act, 1961 against the Order dated 05-06-2008 passed in lTA.No.537/Hydl20O7 for the Assessment Year 2003-04 on the file of the lncome'Tax Appellate Trrbunal, Hyderabad 'B' Bench, Hyderabad, preferred against the Order dated 14-03-2007 passed in Appeal No.3B3/DCIT-3(3)/ClT(A)-lVi06-07 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad, preferred against the Order dated 29-1 1- 2006 passed in PAN/GIR No.AAACV 6B25Hl V-61 on the file of the Deputy Commissioner of Income Tax Circle 3(3), Hyderabad. Between: The Commissioner of Income Tax-lll. l.T.Towers, A.C.Guards, Masab Tank, Hyderabad. AND "'APPellant lVl/s.Vilwadri lnvestments PvtLld,22-23, Sarvasukhi Society, West Marredpally, Secunderabad .. Respondent Counsel for the Appellant: Ms.B. Sapna Reddy, Junior Standing Gounsel representing Mr. J.V. Prasad, Senior Counsel for lT Department Counsel forthe Respondent: Sri A.V. Krishna Kaundinya The Court delivered the following: JUDGMENT

THE I{ONOURABLE SRI JUSTTCE P.SAM KOSHY AND THE HONOURABLE SRIJUSTICE NARSING IIAO NANDIKONDA ITTA No.362 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, leamed Senior Standing Counsel for tJle Income Tax Department for the appellant. perused the record. 2. This appeal under Secrion 260A of the Income .l.ax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 05.06.200g passed by the Income Tax Appellate Tribunal, Hyderabad Bench .8,, Hyderabad, in I.T.A.No.537lF{yd/2007 for the Assessment year 2OU_A4. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.O}.2OZ4, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Incorne Tax Department before the Income Tax Appellate Tribunals, I{igh Courts and Supreme Court I I i I I I I l lr !r

r 2 :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 Cout is Rs.2.00 crore. I 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 Income Tax Department to seek revival ofthe appeal. There shall be no order as to costs' 5. Consequently, miscellaneous petitions pending, if any, shall To, stand closed. Sd/. K. SRINIVASA RAo JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad 'B' Bench' Hyderabad 2 The Commissioner of lncome Tax (Appeals)-lV, Hyderabad' 3. The Deputy Commissioner of lncome Tax Circle 3(3), Hyderabad' 4.OneCCtoMr.J.V.Prasad,SeniorCounselforlTDepartment[OPUC] 5. One CC to Sri A.V. Krishna Kaundinya, Advocate IOPUC] 6. Two CD CoPies karn Yx I

HIGH COURT DATED:1010212025 JUDGMENT lTTA.No.362 of 2010 DISMISSING OF THE APPEAL s.rdd V. i6n f,A.( T :l Ar f 6 n ( c o n6 fl P It 6 1 o t t r,ES I