THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. SHRI. SHRIDHAR SHANTINATH PATRAVALI

ITA/100158/2015HC KarnatakaKAHC02011790201511 December 2017Bench: S.SUJATHA,H.B.PRABHAKARA SASTRY2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court of Karnataka, Dharwad Bench, took the memo filed by the learned counsel for the appellants (Revenue) on record. The memo sought withdrawal of the appeal in view of Circular No. 21/2015, dated 10.12.2015, which specifies monetary limits for filing appeals. The Revenue stated that the tax effect involved in this appeal was less than ₹20,00,000/-. Consequently, the Court ordered that the appeal stands dismissed as withdrawn. No decision was made on the merits of the original dispute between the Revenue and the assessee.

What were the facts?

This appeal was filed by the Principal Commissioner of Income Tax and the Income Tax Officer, Ward-2(1), Belgaum (the Revenue) against an order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench. The ITAT's order, dated 16.06.2015, pertained to Assessment Year 2008-09 and was in appeal before the High Court of Karnataka, Dharwad Bench. The Revenue sought to set aside the ITAT's order and restore the order passed by the Income Tax Officer. The respondent in the appeal was Shri. Shridhar Shantinath Patravali, proprietor of Arihant Transport.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed as withdrawn in light of Circular No. 21/2015 issued by the CBDT regarding monetary limits for filing appeals. Assessee's Contention: The assessee did not file any arguments as the appeal was dismissed as withdrawn. The judgment does not record any arguments from the assessee. Revenue's Contention: The Revenue sought to withdraw the appeal, citing Circular No. 21/2015, as the monetary limit/tax effect involved was less than ₹20,00,000/-. The Revenue relied on Circular No. 21/2015.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI,

ITA.No.100158/2015 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 11TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MRS. JUSTICE S.SUJATHA AND THE HON’BLE Dr. JUSTICE H. B. PRABHAKARA SASTRY INCOME TAX APPEAL NO.100158/2015 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX DR.B.R.AMBEDKAR ROAD BELGAUM.

ITO, WARD-2(1) BELGAUM.

… APPELLANTS

(BY SRI.Y.V.RAVIRAJ, ADV.)

AND:

SHRI. SHRIDHAR SHANTINATH PATRAVALI PROP:ARIHANT TRANSPORT NO.1012/A, 9TH CROSS BHAGYANAGAR, BELGAUM, PAN:AIZPP0322K

…RESPONDENT (BY SRI.H.R.KAMBIYAVAR, ADV.)

THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME- TAX ACT 1961, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI, IN ITA NO.399/PNJ/2013, DTD:16.06.2015 FOR THE ASSESSMENT YEAR 2008-09 AND RESTORE THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-2(1), BELAGAVI AND ETC.,

ITA.No.100158/2015 2 THIS APPEAL COMING ON FOR FINAL DISPOSAL THIS DAY, S.SUJATHA J., MADE THE FOLLOWING:

ORDER

The learned counsel for the appellants has filed a memo seeking withdrawal of the appeal, in view of the Circular No.21/2015 issued by Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, dated 10.12.2015 as the monetary limit/tax effect involved in the this appeal is less than `20,00,000/-. Memo is taken on record.

Accordingly, the appeal stands dismissed as withdrawn.

Sd/- JUDGE

Vb/-

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