Itta/456/2016 Of Principal Commissioner Of Income Tax, Hyd v. M/S. Sushee Infra Pvt. Ltd, Hyd

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT YDERABAD MONDAY ,THE TWENTY FIRST 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: 456 OF 2016 lncome Tax Tribunal Appeal filed under section 260 A of the lncome Tax Act,1961,aggrieved by the Orders dated.22-01-2016,of the lncome Tax AppeilateTribunal, passed in LT.A.No. 911lHydt2O1i,for the assessment year 2012-2013on the file of the lncome Tax Appellate Tribunal, Hyderabad .Bench_A,Hyderabad. Between: PRINCIPAL COMMISSIONER OF INCOME TAX, HYD, 8th Floor, SignatureTowers, Kondapur, Hyderabad.Towers, Kondapur, Hyderabad. ...APPELLANT AND M/S, SUSHEE INFRA PVT LTD, HYD, Ptot.No. 246tA, MLA Cotony,Road.No. 12, Banjara Hills, Hyderabad {PAN AACCSB560O) ...RESPONDENT Counsel for the Appellant :SRl. B NARASIMHA SARMA (SR SC FOR lT)REPRESENTED BY MS.B.SAPNA REDDY(JR SC FOR tT)REPRESENTED BY MS.B.SAPNA REDDY(JR SC FOR tT) Counsel forthe Respondents: SRI P. SOMA SEKHAR REDDY __ The Court made the following: JUDGMENT C THE HON'BLE SRI JUSTICE P.SAM KOSTLY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDAINCOME TAX TRIBUNAL APPEAL No.456 of 2O16 JUDGMENT: [(per ]the Hon'bte sri )ustice [p. ]Sam Koshy) Heard Ms. Bokaro Sapna Reddy, learned Junior Standing Counsel for Income Tax Departlnent appearing on behalf of theappellant and, Mr. P. Soma Shekar Reddy, learned counsel for therespondent. 2. The instant appeal under Section 2604 of the Income Tax Act, 1961, has been preferred by the Revenue as the appellant against theorder dated 22.01.2016, passed by the Income Tax Appellate Tribunal,Hyderabad "A" Bench, Hyderabad, in I.T.A.No.9Lt/Hyd/2075 for theAssessment Year 20 12- 13.order dated 22.01.2016, passed by the Income Tax Appellate Tribunal,Hyderabad "A" Bench, Hyderabad, in I.T.A.No.9Lt/Hyd/2075 for theAssessment Year 20 12- 13. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 ofBoard of Direct Taxes (CBDT) has issued Circular No.9 ofof Direct Taxes (CBDT) has issued Circular No.9 ofDirect Taxes (CBDT) has issued Circular No.9 ofCircular No.9 ofNo.9 ofof2024 dated 77.09.2024, amending the previous Circular No.5 of 2024dated 15.03.2024, by further enhancing the monetary limits for filingappeals by thd Income Tax Department before the Income TaxAppellate Tribunals, High Courts and Supreme Court as a measure forreducing litigation. In paragraph 2 of the said Circular, we find that the Central Board of Direct Taxes (CBDT) has issued Circular No.9 ofBoard of Direct Taxes (CBDT) has issued Circular No.9 ofof Direct Taxes (CBDT) has issued Circular No.9 ofDirect Taxes (CBDT) has issued Circular No.9 ofCircular No.9 ofNo.9 ofof .-i monetary rimit fixed for firing an appear before the High court isRs.2.00 crore 4 In the instant appeal, tax effect is well below the monetary timit 5. Therefore, the appear fired by the Revenue is dismissed in terms of the aforesaid circurar No.9 of 2024, dated 17.0g.2024. However, ifthe appeal comes within the exception'of circurar No.5 of 2024, itwould be open to the Income T.ax Department to seek revivar of thea ppea l.the appeal comes within the exception'of circurar No.5 of 2024, itwould be open to the Income T.ax Department to seek revivar of thea ppea l. 6. As a sequel, miscellaneous applications pending if any, shallstand closed. However, there shall be no order as to costs. SD/. K. SRINIVASA RAOOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 lncome Tax Appellate Tribunal, Hyderabad Bench-A,Lnq Hyderabad.Lnq Hyderabad. 2. One CC to SRI B NARASTMHA SARMA,( SR SC FOR tT) tOpUCl 3. One CC to SRI P.SOMA SEKHAR REDDY, Advocate tOpUCl 4. Two CD Copies N, Pcsd/gh HIGH COURT DATED:21 10412025 ORDER ITTA.No.456 of 2fi6 'i-2L)**Dr DISMISSING THE INCOME TAX TRIBUNAL APPEAL t{q