THE COMMISSIONER OF INCOME TAX vs. M/S.PAGE INDUSTRIES LTD

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ITA/193/2010HC KarnatakaKAHC01041573201017 December 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court considered CBDT Circular No. 21/2015, which revised the monetary limit for filing appeals before the High Court to Rs. 20 lacs and stated that it would apply retrospectively to pending appeals. The Revenue's counsel submitted that the tax effect in the present appeal was below this enhanced limit. Accordingly, the High Court, in view of the circular and the stated tax effect, held that the appeal stands dismissed. No specific finding was made on the merits of the original appeal before the ITAT, as the dismissal was based on the revised monetary limit for appeals.

What were the facts?

The appeal was filed by the Revenue (Commissioner of Income Tax and Assistant Commissioner of Income Tax) against an order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore. The assessee is M/s Page Industries Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The Revenue's counsel presented a Circular No. 21/2015 dated December 10, 2015, issued by the Central Board of Direct Taxes (CBDT). This circular enhanced the monetary limit for filing appeals before the High Court from Rs. 10 lacs to Rs. 20 lacs. The circular also clarified that it would apply retrospectively to pending appeals, which could be withdrawn or not pressed if below the specified tax limits.

What were the issues?

1. Whether the present appeal, filed by the Revenue, should be dismissed in light of CBDT Circular No. 21/2015, which enhances the monetary limit for filing appeals to the High Court to Rs. 20 lacs, and if the tax effect in this appeal is below this limit. Contentions: Assessee: Not recorded. Revenue: The tax effect in the present appeal is below the specified limit of Rs. 20 lacs, and therefore, in view of CBDT Circular No. 21/2015, the appeal should be dismissed.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF DECEMBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA No. 193/2010

BETWEEN

1.

THE COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEENS ROAD, BANGALORE.

2.

THE ASST. COMMISSIONER OF INCOME TAX CIRCLE- 12(2), C.R. BUILDING, QUEENS ROAD, BANGALORE.

...APPELLANTS

(BY SRI. K.V. ARAVIND & MS. PREETHI.J.D-ADVs)

AND

M/S PAGE INDUSTRIES LTD., NO. 6/2 & 6/4, HONGASANDRA, JOCKEY CAMPUS, BEGUR HOBLI, BANGALORE-560 068.

... RESPONDENT

(BY SRI. A.SHANKAR & SRI. M.LAVA-ADVs)

THIS ITA IS FILED U/S 260-A OF I.T. ACT, 1961 PRAYING TO SET ASDIE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.564/BNG/2009 DATED 11.12.2009, ETC.

THIS ITA COMING ON FOR FINAL HEARING THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellants-Revenue has placed before us a recent Circular No.21/2015 dated 10.12.2015, issued by the Central Board of Direct taxes, wherein the monetary limit of the tax effect for filing appeals before the High Court has been enhanced from Rs.10 lacs to Rs.20 lacs. In paragraph-10 of the said Circular, it has been clarified that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

2.

Learned counsel for the appellants has stated that the tax effect in the present appeal is below the specified limit of Rs.20 lacs.

3.

Accordingly, in view of the Circular No.21/2015 dated 10.12.2015, the tax effect in this appeal being less than Rs.20 lacs, the appeal stands dismissed.

Sd/-

JUDGE

Sd/-

JUDGE TL

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