PR COMMISSIONER OF INCOME-TAX vs. M/S SWISS RE SHARED SERVICES (INDIA) P. LTD

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ITA/1031/2017HC KarnatakaKAHC01051201201711 September 2018Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted permission to the Revenue to withdraw the appeal. The Court observed that the Revenue's counsel frankly submitted that in view of Circular No.3/2018 dated 11.07.2018, concerning the monetary limit for filing appeals by the Income Tax Department before the Income-Tax Appellate Tribunal and the High Court, the appeal was not maintainable. Consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the original ITAT order. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

This is an appeal filed by the Revenue (PR. Commissioner of Income-Tax and DEPUTY Commissioner of Income-Tax) against an order dated 03.05.2017 passed by the Income-Tax Appellate Tribunal (ITAT) in IT(TP) A No.1139/BANG/2011 for the Assessment Year 2004-2005. The appeal is filed under Section 260-A of the Income Tax Act, 1961. The matter was listed for non-compliance of office objections. The Revenue's counsel submitted that in view of Circular No.3/2018 dated 11.07.2018, which sets a monetary limit for filing appeals by the Income Tax Department, the appeal is not maintainable and sought permission to withdraw.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable in light of Circular No.3/2018 issued by the Income Tax Department regarding monetary limits for filing appeals before the Income-Tax Appellate Tribunal and High Courts. Assessee's Contention: The assessee is not recorded as having made any specific contentions in this judgment. The appeal was dismissed based on the Revenue's submission. Revenue's Contention: The Revenue, through its counsel, submitted that in view of Circular No.3/2018 dated 11.07.2018, which specifies the monetary limit for filing appeals by the Income Tax Department, the present appeal is not maintainable before the High Court. The Revenue therefore sought permission to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

I.T.A.No.1031/2017

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF SEPTEMBER, 2018

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE S.G.PANDIT

I.T.A. NO.1031 OF 2017 BETWEEN:

1.

PR. COMMISSIONER OF INCOME-TAX BANGALORE-67, BMTC COMPLEX, KORAMANGALA, BANGALORE.

2.

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-12(3), BANGALORE, BMTC COMPLEX, KORMANGALA BANGALORE.

... APPELLANTS

(BY SRI:JEEVAN J NEERALGI, ADVOCATE )

AND:

M/S SWISS RE SHARED SERVICES (INDIA) P. LTD 2ND TO 6TH FLOOR VASWANI CENTROPOLIS NO.21, LANGFORD ROAD BANGALORE 560 027.

… RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 03.05.2017 PASSED IN IT(TP) A NO.1139/BANG/2011, FOR THE ASSESSMENT YEAR: 2004-2005, PRAYING THIS HON’BLE COURT TO DECIDE THE FOREGOING SUBSTANTIAL QUESTIONS OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THIS HON’BLE COURT AS DEEMED FIT AND ETC.

I.T.A.No.1031/2017

- 2 - THIS ITA COMING ON FOR ORDERS, CHIEF JUSTICE DELIVERED THE FOLLOWING:

ORDER

Though the matter is listed for non-compliance of office objections, learned counsel for the appellants frankly submits that in view of the Circular No.3/2018 dated 11.07.2018 on the monetary limit for filing of the appeal by the Income Tax Department before the Income-Tax Appellate Tribunal, this Court as also the Hon’ble Supreme Court, the appeal is not maintainable and seeks permission to withdraw.

Permission granted. This appeal is dismissed as withdrawn.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

mpk/-* CT:SK

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