THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) vs. M/S MICRO ETHICALS

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ITA/193/2016HC KarnatakaKAHC01050538201627 September 2018Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the Revenue's request to withdraw the appeal. The Court noted the submission made by the learned counsel for the appellants regarding Circular No. 3/2018, which stipulated revised monetary limits for filing appeals. Based on this circular, the Revenue contended that the appeal was not maintainable and sought permission to withdraw. The Court acceded to this request. Consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the ITAT's order or the underlying tax dispute.

What were the facts?

This case involves an appeal filed by the Principal Commissioner of Income Tax (Central) and the Deputy Commissioner of Income Tax, LTU, Bangalore (the Revenue) against an order dated September 16, 2015, passed by the Income Tax Appellate Tribunal (ITAT), 'C' Bench, Bengaluru. The appeal pertains to the respondent assessee, M/s. Micro Ethicals (now merged with Micro Labs Ltd), for the assessment years 1988-89 to 1998-99. The Revenue sought to set aside the ITAT's order. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable. The Revenue, through a memo, submitted that in view of Circular No. 3/2018 dated July 11, 2018, which revised the monetary limits for filing appeals by the Income Tax Department before the Income-Tax Appellate Tribunal and High Courts, the present appeal was not maintainable. The Revenue sought permission to withdraw the appeal on this ground. The judgment does not record any specific arguments from the assessee regarding the maintainability of the appeal or the merits of the ITAT's order.

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.193/2016

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF SEPTEMBER, 2018

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

AND

HON’BLE MR.JUSTICE S.G.PANDIT

INCOME TAX APPEAL NO.193 OF 2016 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) C.R. BUILDING, QUEENS ROAD BANGALORE - 560 001.

2.

THE DEPUTY COMMISSIONER OF INCOME LTU, BANGALORE

... APPELLANTS

(BY SRI JEEVAN J. NEERALGI, ADVOCATE)

AND:

M/S. MICRO ETHICALS (NOW MERGED WITH MICRO LABS LTD) NO.27, RACE COURSE ROAD BANGALORE.

... RESPONDENT ---

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED: 16.09.2015 PASSED IN ITA NO.3/BANG/2014, FOR THE ASSESSMENT YEAR 1988-89 TO 1998-99 PRAYING TO: (1) DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE

I.T.A.No.193/2016

- 2 - FORMULATED BY THE HON'BLE COURT AS DEEMED FIT. (2) SET ASIDE THE APPELLATE ORDER DATED:16.09.2015 PASSED BY THE ITAT. 'C' BENCH, BENGALURU, AS SOUGHT FOR, IN THE RESPONDENT-ASSESSEE'S CASE, IN APPEAL PROCEEDINGS IN ITA NO. 3/BANG/2014 FOR A.Y. 1988-89 TO 1998-99 & ETC.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT Learned counsel for the appellants has moved a memo with the submissions 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

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