THE COMMISSIONER OF INCOME TAX vs. MR.V.CHANDRASEKHAR RAO

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY & THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 128 OF 2015 lncome Tax Tribunal Appeal filed under Section 260 A of the lncome Tax Act, l96 l , aggrieved by the Order dated.'16.04.2014, of the lncome Tax Appellate Tribunal, passed in ITA No. 1683/Hyd/2013, for the Assessment Year 2008-09, on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench 'A' Hyderabad. Between: THE COMMISSIONER OF INCOME TAX Vl, Hyderabad ...APPELLANT AND MR.V.CHANDRASEKHAR RAO, Prop. M/s. Sri Sandhya Wines, D.No. 11-32, PA Pally, Angadip.e!, Nalgonda District. ...RESPONDENT Counsel for the Appellant SRI J. V. PRASAD, SENIOR STANDING COUNSEL FOR INCOME TAX DEPARTMENT, REPRESENTED B MS.B.SAPNA REDDY, JUNIOR STANDING COUNSEL FOR INCOME.TAX DEPARTMENT Counsel forthe Respondent : NONE APPEARED The Court made the following : JUDGMENT

THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.l28 OF 2015 JUDGMEN T: (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. B.Sapna Reddy, leamed Junior Standing Counsel rep resenting Mr. J.V.Prasad, leamed Senior Standing Counsel for lhe Income Tax Department for the appellant' Perused the record. 2. This rrppeal under Section 260,,4' of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against the order dared 16.04.2014 passed by the Income Tax Appellate fribunal, Hyderabad Bench 'A', Hyderabad, tn I.T.A.No. 1683 lllydl2Ol3 for the Assessment Year 2008-09. 3. Centrll Board of Direct Taxes (CBDT) has issued Circular No.9 of 20|>-4 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 Income Tax Appellate Tribunals, High Courts and Supreme Court t

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 timit.' 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 lncome 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 JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The lncome Tax Appellate Tribunal, Hyderabad Bench 'A', Hyderabad. 2 One CC to SRI J.V. PRASAD, SENIOR STANDING COUNSEL FOR tNcoME TAX [OPUC] 3. Two CD Copies l t To i -l \

HIGH COURT DATED:0910412025 ,) li ,i' a '. ') 1$ ri[P 2.0fr s(- :z) ./i \ JUDGMEN'T !TTA.No.128 of 2015 DISMISSIN(3 THE INCOME TAX TRIBUNAL APPEAL /.A flA- Y 1ffi"'i