The Commissioner of Income Tax III, vs. APPLabs ( India ),

t3447 | IN THE HIGH COURT FOR THESTATE OF TELANGANA AT HYDERABAD TUESDAY, THE FOURTH 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: 310 OF 2010 lncome Tax Tribunal Appeal Under Section 2504 of the Income Tax Act,1961 against the Order dated 31-12-2007 passed in ITA No.1114lHydl2006 for the Assessment Year 2003-04 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'B', Hyderabad preferred against the Order dated 15 09-2006 passed in Appeal No.0054/DC'6(1)/ClT(A)-lV/2006-07 on the file of the Commissioner of lncome Tax (Appeals)-lV, Hyderabad preferred against the Order dated 21-03-2006 passed in PA.N/G IR. No AAEFA9133C/A393/DC|T6(1), Hyd on the file of the Deputy Commissioner of lncome Tax, Circle - 6(1), Hyderabad. Between: The Commissroner of lncome Tax lll, l.T.Towers, A.C.Guards, Masab Tank, Hyderabad. ...Appella nt AND APPLabs ( lndia ), Plot No. 't286, Road No. 65, Jubilee Hills, Hyderabad. ...Respondent Counsel for the Appellant: Ms. B Sapna Reddy, Junior Standing Counsel representing Sri J V Prasad, Senior Standing Counsel for lncome-Tax Dept. Counsel for the Respondent : Sri G V Ambeswar representing M/s. MN ADVOCATES The Court delivered the following: Judgment I I I

THE HONOT]RABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICB NARSING RAO NANDTKONDA ITTA No.310 OF 2010 JUDGMENT, (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel representing Mr. J.V.Prasad, learned Senior Standing M/s MN Advocates for the respondent. Perused the record. 2. This appeal under Section 260,4 of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dated 31.12.2007 passed by the Income Tax Appellatc Tribunal, Hyderabad Rench 'B', Hyderabad, ln I.T.A.No. I 114ft1yd12006 for the Assessrnent Year 20A3-04. 3. Central Board of Direct 'laxes (CBDT) has issued Circular f No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Counsel for the Income Tax Department for the appellant and Mr.G.V.Ambeswar, leamed counsel representing l I i

2 Income lax Appellate Tribunals, High Courts and Supreme Courl as a measure for reducing titigation. In paragraph 2 of the said Circular, rve find that the monetary Iimit fixed fbr filing an appeal before the l{igh Courl is Rs.2.00 crore. 4. ln the instant appeal, tax effect is well below the monetary limit. 5. Therelore, the appeal filed by the Department is dismissed in tenns of the afbresaid Cilcular No.9 o1' 2024 d,ated 17.09.2024. However, if the appeal comes within the exception ol Circular No.5 of 2024, it would be open to the Income Tax Department to seek revival of the appeal. There shall be no order as to costs. 6. Consequently. miscellaneous petitions pending, il any, shall stand closed. Sd/. A.V.S,S.C.S.M. SARMA INT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The lncome Tax Appellate Tribunal, Hyderabad Bench '8" Hyderabad 2. The Commissioner of lncome Tax (Appeals)-lV, Hyderabad 5. fn" O.prty Commissioner of lncome Tax, Circle - 6(1), Hyderabad 4. One CC to Sri J V Prasad, Advocate [OPUC] 5. One CC to Sri G V Ambeswar, Advocate [OPUC] 6. Two CD Copies *.%

HIGH COURT DATED:0410212025 JUDGMENT lTTA.No.310 of 2010 DISMISSING THE ITTA WITHOUT COSTS ,t 21 l{AR '18?5 o,J t t -i fA .r :. 1 (t c oESoarc I I