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134471 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FOURTH 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: 172 of 201O Appeal filed under Section 260(4) of the Income-Tax Act., 1961, against the order dated 31-08-2007 passed in lT (SS) A.No.176/Hyd/05 for the Block period '1987-88 to '1 977-98 on the file of the lncome Tax Appellate Tribunal Hyderabad Bench 'A', Hyderabad prefened against.-the Order dated 11-10-2005 passed in Appeal. No.0216/ClT (A)-lll/05-06 on the file of the Commissioner of lncome Tax (Appeals)-lll, Hyderabad preferred against the dated: 20-09-1999 in D- 71OISR.1/1999-2000 on the file of the Joint Commissioner of lncome Tax (Assts) Special Range-1, Hyderabad. Between: Commissioner of lncome Tax-ll, Hyderabad ...Appella nt AND Shri Dharam Chand Galada, Plot No. 427, Road No. 20, Jubilee Hills, Hyderabad. -...Respondent Counsel for the Appellant: Ms. J. Sunitha, Junior Standing Counsel representing Mr. P. Murali Krishna, Senior Standing Counsel for lncome Tax Department Counsel for the Respondent: Sri C. Gunaranjan I : The Court delivered the following: JUDGMENT
THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HO:{OURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.172 OF 2010 JT]DGMENl' (per [Ion'ble Sri Justice P.Sam Koshy) Heard Ms. J. Sunitha, leamed Junior Standing Counsel representing Mr. P.Murali Krishna, leamed Senior Standing Counsel fbr the lncome Tax Departrnent for the appellant. Perused the record. 2. This appeal r-rnder Section 260A of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against thc orclc-r dated 31.08.2007 passed by the lncome Tax Appellate Tribunal. Hyderabad Bench 'A', Hyderabad, in I.T (SS) A.No. I 76lH1 d/2005 for the block period 1987-88 to 1977 -98. 3. Central Board of Direct Taxes (CBDT) has issued Circular / No.9 of 2021 dated, 17.09.2024, amending the previous.Circular No.5 of 2024 dated 15.03.2024, by fuither enhancing the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court \ I
2 To, 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' Flowever, 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' 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. Sd/- A.v.s.s.c .S.M. SARMA OINT REGISTRAR //TRUE COPY// cTloN OFFICER 1. The lncome Tax Appellate Tribunal Hyderabad Bench 'A" Hyderabad' 2. The Commissioner of lncome Tax (Appeals)-lll' Hyderabad' 3. The Joint Commissioner of lncome Tax (Assts) Special Range-1' Hyderabad' t SJo?"tfii,5;tlc,*""ii rrl'nna' Senior standins counsel ror lncome rax 5. One CC to Sri C' Gunaranjan' Advocate [OPUCI 6. Two CD CoPies katr.t I \ v,
HIGH COURT DATED:0410212025 JUDGMENT ITTA.No.172 of 2010 DISMISSING OF THE APPEAL J ,t; /€ c). 2 1 tlAR 2[25 I t r)!sr, ' o I I ,.-