Itta/378/2012 Of Commissioner Of Income Tax-Ii v. M/S.transport Corporation Of India Limited

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TENTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL NO: 378 OF 2012 Income Tax Tribunal Appeal filed under Section 260 A of the lncome Tax Act,1961, aggrieved by the Order dated 16.11.201'1 , of the lncome Tax AppellateTribunal, passed in ITA No.11O3lHydl2O04, for the Assessment Year 2011- ['12,]on the file of the lncome Tax Appellate Tribunal, Hyderabad 'A' Bench,Hyderabad. Between: Commissioner of lncome Tax-ll, Hyderabad ,..APPELLANT AND M/s. Transport Corporation of lndia Limited,306 and 307, lll Floor,Ashok Bhoopal Chambers, S.P. Road, Secunderabad. ...RESPONDENT Counsel for the Appellant: MS.K.MAMATASENIOR STANDING COUNSEL FOR INCOMETAX DEPARTMENT Counsel for the Respondent : SRI Y. RATNAKAR The Court made the following : JUDGMENT 1 THE HONOURABLE SRI JUSTICE P.SAM KOSHYANDTHE HONOURABLE SRI JUSTICE NARSING RAONANDIKONDA ITTA No.378 oF 2012 JUDGMENT: (per Hon'ble Sri ,Iustice p.Sam Koshy) Heard Ms.K.Mamata, leamed Senior Standing Counsel forthe Income Tax Department for the appellant. perused the record. 2This appeal under Section 2604 ol the lncome 1.ax Act,1961, has been preferred by the Revenue as lhe appellantagainst the order dated 16. ll.20lt passed by the lncome Taxagainst the order dated 16. ll.20lt passed by the lncome TaxAppellate Tribunal, Hyderabad Bench ,A,, Hlrderabad,lnI.T.A.No.1lO3/Hyd/2004 lor rhe Assessmenr year 2001_02.3. Central Board of Direct Taxes (CBDT) has issued CircularNo.9 of 2024 dated 17.09.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024, by further enhancing rhe mone[arylimits for filing appears by the lncome Tax Department before the3. Central Board of Direct Taxes (CBDT) has issued CircularNo.9 of 2024 dated 17.09.2024, amending the previous CircularNo.5 of 2024 dated 15.03.2024, by further enhancing rhe mone[arylimits for filing appears by the lncome Tax Department before theIncome Tax Appeltate Tribunals, High Courts and Supreme Courtas a measure for reducing litigation. In paragraph 2 of the saidas 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. 4ln the instant appeal, tax effect is well below the monetarylimit.limit. 5. Therefore, the appeal filed by the Department is dismissed interms of the aforesaid Circular No.9 of 2024 dated 17.09.2024.However, if the appeal comes within the exception of CircularNo.5 of 2024, it would be open to the Income Tax Department toseek revival of the appeal. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shallstand closed. SD/. M.RAMANA KRISHNAJOINT REGISTRARt.,lSEC{NON OFFICER/ //TRUE COPY// To, '1 . The lncome Tax Appellate Tribunal, Hyderabad 'A' Bench,Hyderabad. 2. One CC to SRI K.MAMATA, SENIOR STANDING TAXDEPARTMENT 3. One CC to SRl. Y RATNAKAR, Advocate IOPUCI 4. Two CD Copies PCSDtk HIGH COURT PSK,J&NNR,J DATED:10 10412025 ,.:[r-'- '- ][- ][--':_ ][']\,/.,1,/, [-]1$1-t)03 sEP116<,*-aDE.;;' '. rct-'' EO JUDGMENT lTTA.No.378 of 2012 DISMISSING THE INCOME TAX TRIBUNAL APPEAL G.o$du-diia2