COMMISSIONER OF INCOME TAX II, HYDERABAD vs. M/S. GULF OIL CORPORATION LIMITED

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTIGE NARSING RAO NANDIKONDA INCOME TAX TRIBUNA L APPEAL NO: 39 OF 2010 lncome Tax Tribunal Appeal under section 2604 of the lncome Tax Act, 1961 , against the order dated 25-09-2007 passed in lTA.No.403/Hyd/06 for the Assessment Year 2004,05 on the file of the lncome Tax Appellate Tribunal, Hyderabad Bench ,A,, Hyderabad' preferred against the order dated 20-03.2046 passed in ITA No.302/ACtT-2(3)/ClT(A)-lll/05-06 on the file of the commissioner of lncome Tax (Appeals)-lll, Hyderabad, preferred against the order dated 15-12-2005 {-- !J passed in No.G-165/AC2(3) on the file of the Assistant Commissioner of lncome Tax, Circle 2(3), HYderabad. Commissioner of lncome Tax-ll, Hyderabad ...Appellant AND M/s Gulf Oil Corporation Ltd., Sanatnagar, Hyderabad ...Respondent Counsel for the APPellant Ms K Mamata, Senior Standing Counsel for lncome Tax Department Counsel for the Respondent : Sri Y Ratnakar The Court delivered the following Judgment : ,. *' ra L Between: I I

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA INCOME TAX TRIBUNAL APPEAL No.39 OF 2OlO Heard Ms.X.Mamata, learned Senior Standing Counsel for Income Ta-x, apperrnng on behalf of the appellant. 2. The instant appeal under Section 260A of the Income Tax Act, 1961, has been preferred by the Revenue as the appellart against the :, \q order dated 25.09.2007 passed by the Income Ta-x Appellate Tribunal, Hyderabad '4" Bench, Hyderabad, I.T.A.No.403/Hvd/06 for the 11-l Assessment Year 21004 O5 3. Central Boa.rd of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.Og.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing the monetar5z limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals, High Courts and Supreme Court as 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.OO crore. '1.. JUDGMENT'. @er tio t'bie iri Ju-sr,ce Psom Kosrtyl

Page 2 of 3 4 6 As a sequel, miscellaleous applications pending if any, sha11 stand closed. In the instant appeal, tax effect is well below the monetary limit' :> sd/- AV.s-s eRgti$EX* SECTION OFFICER To, VA/gh \qr L 2 3 4 The lncome Tax Appellate Tribunal' Hyderabad Bench 'A" Hyderabad The Commissioner of lncome Tax (Appeals)-lll' Hyderabad The Assistant Commissioner of lncome Tax' Circle 2(3)' Hyderabad One CC to Ms K Mamata' Senior Standing Counsel for lncome Tax Department [OPUCI //TRUE COPY// Advocate [OPUC] 5. One CC to Sri Y Ratnakar' 6. Two CD CoPies .& ," I 5. Therefore, the appeal filed by the Revenue is dismissed in terms of the aforesaid Circular No.9 of 2024 d,ated 17.09.2024' However, if the appeat comes within the exception of Circular No'5 of 2024 ' it would be open to the Income Tax Department to seek revival of the appeal._ No costs. I I i :

HIGH COURT DATED:301O112025 JUDGMENT ITTA.No.39 of 2010 DISMISSING THE ITTA \, i I I l I I *S4 K,* 16 APn zlE I T,A E I $ t- 1 )o .b Esp,11c t o i 4.