THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S TIRUPATI BALAJI ESTATES PVT. LTD.

[ 348s ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO INCOME TAX TRIBUNAL APPEAL NO: 1 13 0F 2019 Appeal under section 2604 of the rncome Tax Act, 1g61 against the order daled 10-12-2014 in lrA No.518/Hydi2014 on the file of the lncome Tax Apellate Tribunal, Bench 'A', Hyderabad for the assessment year 2OOg-2010, preferred against the order dated 21-o1-20'13 in pAN No. AADCM3491M on the file of the Additional commissioner of lncome Tax(Transfer pricing), 6th Floor, B. Block. lr Towers, A c Gurads, Hyderabad-SO0 004, preferred against the Assessment order dated 30-01-2014 in PAN/G.t.R.No. AADCM3491MlM-171 on the file of the Deputy Commissioner of lncome Tax, Circle-16(2), Hyderabad. Between: The Principal Commissioner of lncome Tax-4, Hyderabad ...APPELLANT AND M/s..Mylan(l\/akx)-Laboratories Ltd, plot No.564/4/22,Road No.92,Jubilee Hills, Hyderabad-500034 ...RESPONDENT Counsel for the Appellant: Sri K. Sudhakar Reddy, Standing Counsel for lT Counsel for the Respondent: Sri Santosh Sagar Kapilavai The Court delivered the following: JUDGMENT ,/

I t THE HONOURABLE SRI JUSTICE P.S,{M KOSHY AND THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO INCOME TAX TRIBUNAL APPEAL No. 11i] OF 2OL9 JUDGMENT'. bet ltaibte sn Justice P.Sam Koshlt) Heard Mr.K.Sudhakar Reddy, learned Senlc,r' Stalding Counsel for Income Tax appearing on behalf of the appelle nt and Mr.Santosh Sagar Kapilaurai, learned counsel for the responde t',t. 2. The instant appeal under Section 260A of ,lte lncome Tax Act, 1961, has been preferred by the Revenue as the:.1>pellant against the order dated 1O.72.2014 passed by the Income Tar: Appellate Tribunal, t. Hyderabad "A" Bench, Hyderabad, in I.T.A.No.5It lH1,dl2014 for the Assessment Yezr 2009 10 3. Central B:ard of Direct Taxes (CBD'f') has issued Circular No.9 of 2024 dated 17.O9.2024, amending the previous Ci-r:ular No.5 of 2024 dated 15.O3.2024, by further enhancing the mon,::ary limits for filing appeals by the Income Tax Department befolr: the Income Tax Appellate Tribunals, High Courts and Supreme CorLrt as a measure for reducing litigation. In paragraph 2 of the said C r cular, we find that the monetar5r limrt fixed for filing an appeal befo -,, the High Court is Rs.2.00 crore

-- \. .t - .r Page 2 of 3 4 In the instant appeat, tax effect is well below the monetarv limit 5. Therefore, the appeal fiied by the Revenue is dismissed in terms of the aforesaid circular No.9 of 2024 dated rz.og.2o24. However, if the appeal comes within the exception of Circular No.S of 2024, it would be open to the Income Tax Department to seek revival of the appea,l. No costs. 6. As a sequel, miscellaneous applications pending if any, shall stand closed. SD/. N. SRIHARI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, '1. The lncome Tax Apellate Tribunal, Bench 'A', Hyderabad 2. The Additional Commissioner of Income Tax(Transfer Pricing), Hyderabad 3. The Deputy Commissioner of lncome Tax, Circle-16(2), Hyderabad 4. One CC to Sri K. Sudhakar Reddy (SC FOR INCO^IE TAX) [OPUC] 5. One CC to Sri Santosh Sagar Kapilavai, Advocate [OPUC] 6. Two CD Copies VH/I'SL /a- l

HIGH COURT DATED: 1810912025 JUDGMENT lTTA.No.113 of 2019 DISMISSING ITTA rl '- Sa ",) Kt I I I \r, (X 1E q