PR.COMMMISSIONER OF INCOME TAX-5 vs. M/S OPTO CIRCUITS (INDIA) LTD

PDF · subscribers
ITA/197/2020HC KarnatakaKAHC01032267202016 December 2024Bench: V KAMESWAR RAO,S RACHAIAH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission made by the learned counsel for the appellants (Revenue) that the tax effect in this appeal is less than Rupees Two Crores and, consequently, the appeal is not pressed. In light of this submission, the High Court dismissed the appeal as not pressed. No decision was made on the merits of the case. The operative direction was to dismiss the appeal.

What were the facts?

This case involves an appeal filed by the Pr. Commissioner of Income Tax-5 and the Dy. Commissioner of Income Tax (appellants) against M/s Opto Circuits (India) Ltd (respondent-assessee). The appeal is under Section 260-A of the Income Tax Act, 1961, challenging an order dated 26/02/2020 passed by the Income Tax Appellate Tribunal, 'A' Bench, Bengaluru. This order was in relation to the respondent-assessee's case for Assessment Year 2012-2013. The appeal proceedings before the Tribunal were numbered as ITA No. 1044/BANG/2018. The present appeal before the High Court is ITA No. 197 of 2020.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable given the tax effect. The Revenue, through its counsel, submitted that as the tax effect in this appeal is less than Rupees Two Crores, the appeal is not pressed. The Assessee's contentions are not recorded in the judgment as the appeal was dismissed on the Revenue's submission.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

- 1 -

NC: 2024:KHC:51753-DB ITA No. 197 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH INCOME TAX APPEAL NO. 197 OF 2020 BETWEEN:

1.

PR.COMMMISSIONER OF INCOME TAX-5 BNTC COMPLEX, KORAMANGALA, BANGALORE

2.

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

…APPELLANTS (BY SRI. SANMATHI E I, ADVOCATE)

AND:

M/S OPTO CIRCUITS (INDIA) LTD C/O H SHIVA PRASAD REDDY, IRS (RETD) N N YUVRAJ, ASSOCIATES, ‘VISION POINT’ NO. 23, 3RD FLOOR PARK ROAD, OFF QUEENS ROAD BANGALORE – 560 051.

…RESPONDENT (V/O DTD 20/02/2023 BY SRI. NARENDRA KUMAR JAIN, AMICUS CURIAE)

THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PAYING TO SET ASIDE THE APPELLATE ORDER DATED 26/02/2020 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, BENGALURU, AS SOUGHT FOR, IN THE RESPONDENT- ASSESSEE'S CASE, IN APPEAL PROCEEDINGS ITA NO. 1044/BANG/2018 (ANNEXURE-‘A’) FOR A.Y. 2012-2013.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

Digitally signed by NARAYANA UMA Location: HIGH COURT OF KARNATAKA

- 2 -

NC: 2024:KHC:51753-DB ITA No. 197 of 2020

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH

ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

Mr.Sanmathi E.I., learned counsel for the appellants submits that he has an instruction to state as the tax effect in this appeal is less than Rupees Two Crores, the appeal is not pressed.

The said submission is placed on record. In view of the aforesaid submission, the appeal is dismissed as not pressed.

Sd/- (V KAMESWAR RAO) JUDGE

Sd/- (S RACHAIAH) JUDGE

JS List No.: 1 Sl No.: 57

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →