IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENTAND SHRI AKBER BASHA, ACCOUNTANT MEMBER ITA NO.969/HYD/2009 : ASST T. YEAR 2004-05 INCOME TAX OFFICER, WARD 3[1], HYDERABAD. VS S ONE TECHNOLOGIES PVT. LTD., TARANAKA, SECUNDERABAD. (PAN NO.AAGCS9437C) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI. H. PHANI RAJU RESPONDENT BY : SHRI K. VASANT KUMAR O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER THIS APPEAL PREFERRED BY THE REVENUE IS DIRECTED AGA INST THE ORDER PASSED BY THE LEARNED CIT (A)-IV, HYDERABAD DATE D 29.05.2009 FOR THE ASSESSMENT YEAR 2004-05. 2. AT THE TIME OF HEARING, IT HAS BEEN AGREED BY BOTH THE PARTIES THAT THE TAX EFFECT IN THIS APPEAL FILED BY TH E REVENUE IS LESS THAN RS.2 LAKH AND HENCE, IN TERMS OF THE INSTRUCTION NO.5 DA TED 16.7.2007(F.NO.279/MISC.56/07-ITJ) ISSUED BY THE CBDT , DEPARTMENT SHOULD NOT HAVE FILED THIS APPEAL. ACCORDINGLY, THE A PPEAL FILED BY THE REVENUE IS DISMISSED IN LIMINE AS UN-ADMITTED. 2 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED IN LIMINE AS UN-ADMITTED. ORDER WAS PRONOUNCED IN THE COURT ON 04.01.2010 SD/- (G.C. GUPTA) SD/- (AKBER BASHA) VICE PRESIDENT ACCOUNTANT MEMBER. DT/- 4TH JANUARY, 2010. COPY FORWARDED TO: 1. S ONE TECHNOLOGIES PVT. LTD., 12-13--418/5, LANE N O.5, STRET NO.3, TARNAKA, SECUNDERABAD. 2. ITO, WARD-3(1), 7TH FLOOR, IT TOWERS, AC GUARDS, HY DERABAD. 3. CIT III, HYDERABAD. 4. C.I.T(A)IV HYDERABAD. 5. THE D.R., ITAT, HYDERABAD. JMR