Commissioner of Income Tax-II vs. M/s.Transport Corporation of India Limited

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TENTH DAY OF APRIL TWO 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 Appellate Tribunal, 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.MAMATA SENIOR STANDING COUNSEL FOR INCOME TAX DEPARTMENT Counsel for the Respondent : SRI Y. RATNAKAR The Court made the following : JUDGMENT

2 THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA ITTA No.378 oF 2012 JUDGMENT: (per Hon'ble Sri ,Iustice p.Sam Koshy) Heard Ms.K.Mamata, leamed Senior Standing Counsel for the Income Tax Department for the appellant. perused the record. This appeal under Section 2604 ol the lncome 1.ax Act, 1961, has been preferred by the Revenue as lhe appellant against the order dated 16. ll.20lt passed by the lncome Tax Appellate Tribunal, Hyderabad Bench ,A,, Hlrderabad, I.T.A.No.1lO3/Hyd/2004 lor rhe Assessmenr year 2001_02. 3. Central Board of Direct Taxes (CBDT) has issued Circular No.9 of 2024 dated 17.09.2024, amending the previous Circular No.5 of 2024 dated 15.03.2024, by further enhancing rhe mone[ary limits for filing appears by the lncome Tax Department before the Income Tax Appeltate Tribunals, High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said ln 1 \

Z Circular, we find that the monetary limit fixed for filing an appeal before the High Court is Rs.2.00 crore. 4 ln the instant appeal, tax effect is well below the monetary limit. 5. Therefore, the appeal filed by the Department is dismissed in terms of the aforesaid Circular No.9 of 2024 dated 17.09.2024. However, if the appeal 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. There shall be no order as to costs. 6. Consequently, miscellaneous petitions pending, if any, shall stand closed. To, SD/. M.RAMANA KRISHNA JOINT REGISTRAR t. ,l SEC{NON OFFICER / '1 . The lncome Tax Appellate Tribunal, Hyderabad 'A' Bench, Hyderabad. 2. One CC to SRI K.MAMATA, SENIOR STANDING COUNSEL FOR INCOIVIE TAXDEPARTMENT [OPUC] 3. One CC to SRl. Y RATNAKAR, Advocate IOPUCI 4. Two CD Copies PCSDtk r //TRUE COPY// /

HIGH COURT PSK,J & NNR,J DATED:10 10412025 ,.: r-'- '- - --':_ '\ ,/.,1 ,/, - t) 03 sEP116 1$ 1- -a DE.; * ;' '. rct-'' EO JUDGMENT lTTA.No.378 of 2012 DISMISSING THE INCOME TAX TRIBUNAL APPEAL G.o$d u- diia2 <,