The Commissioner of Income Tax (Central), Hyderabad Vs Sri v.Chenna Kesava Rao

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134r'.7 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

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THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND

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THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA

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INCOME TAX TRIBUNAL APPEAL NO: 98 OF 2016

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lncome Tax Tribunal Appeal Under Section 2604 of the lncome Tax Act,1961 against the Order dated 06.06.2014 passed in ITA No.3'l 1/Hyd/20.13 for the Assessment Year 2007 -2008 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench'A, Hyderabad.

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Between:

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The Commissioner of lncome Tax (Central), Hyderabad

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...Appellant

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AND

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Sri V.Chenna Kesava Rao, H.No. 1-13-11 13l2lc1 , Sri Tirumala Arcade Apartments, Road No.1, Dwaraka NAgar, saroornagar, Hyderabad.

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...Respondent

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Counsel for the Appellant :Ms. J Sunitha (Junior SC for lncome Tax)

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Counsel for the Respondent: Sri N Narasimha Rao

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The Court delivered the following: Judgment

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: I I

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THE HONOURABLE SRI JUSTICE P.SAM KOSITY AND THE HONOURABLE SRI JUSTICE NARSTNG RAO NANDIKONDA

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ITTA No.98 OF 2016

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JUDGMENT^(per [{on'ble Sri Justice P.Sam Koshy)

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Heard Ms. J.Sunitha leamed Junior Standing Counsel lor

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the lncome Tax Deparlment for the appellant. Perused the record.

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This appeal under Section 260A of the Income Tax Act, 196 I , has been pref'en'ed by the Revenue as the appellant against the order dated 06.06.2014 passed by the Incorne Tax Appellate Tribunal. Hyderabad Bench 'A', H1'derabad, ln I.T.A.No.3 I ti Hvd/2013 lbr the Assessment Year 2007-08.

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Central Board of Direct Taxes (CBDT) has issued Circular No.9 ol 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing thc monetary limits lor filing appeals by the Income Tax Department before the lncorne Tax Appellate Tribunals, High Courts and Supreme Courl as a rneasurc tbr rcducing litigation. In paragraph ll of the said .l

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2

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Circular, we find that the monetary limit fixed for filing an appeal

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before the High Court is Rs.2.00 crore.

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4 In the instant appeal, tax effect is well belorv the lnonetary limit.

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5' Therefore, the appear fired by the Depanment is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. lJowever, if the appeal comes within the exception ol Circular No.5 of 2024, it would be open to the Income Tax Departtncllt to seek revival of the appeal. There shalr be no order as ro costs.

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6 Consequently, miscellaneous petitions pending, it. any, shall

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stand closed

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Sd/. K. SRINIVASA RAO JOINT REGISTRAR

//TRUE COPY//

/" SECTION OFFICER

To,

The lncome Tax Appellate Tribunal, Hyderabad Bench 'A, Hyderabad 2. One CC to Ms. J Sunitha, Junior SC for lncome Tax, [OPUC] 3. One CC to Sri N Narasimha Rao, Advocate [OPUC] 4 Two CD Copies

ADt</PSL

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HIGH COURT

DATED: 1 0104t2025

JUDGMENT

ITTA.No.98 of 2016