THE PR. COMMISSIONER OF INCOME TAX vs. SREE LAKSHMI VENKATESHWARA MINERALS

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ITA/208/2021HC KarnatakaKAHC01013261202125 October 2021Bench: S.SUJATHA,E.S.INDIRESH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal is not maintainable before it. This decision was based on the submission by the appellants/Revenue that the tax effect in the present case is less than Rs. 1,00,00,000/-. The Court referred to CBDT Circular No. 17/2019, dated August 8, 2019, which stipulates monetary limits for filing appeals. Consequently, the appeal was dismissed without addressing or answering the purported substantial questions of law that were intended to be formulated. No specific findings were made on the merits of the case or the ITAT's order.

What were the facts?

The appellants, the Principal Commissioner of Income Tax and the Deputy Commissioner of Income Tax, Central Circle, Bengaluru (Revenue), have filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order dated September 30, 2020, passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru. The appeal pertains to Assessment Year 2008-2009 and challenges the ITAT's order which presumably favored the respondent assessee, Sree Lakshmi Venkateshwara Minerals. The Revenue sought to set aside the ITAT's order and confirm the orders of the Appellate Commissioner and the Deputy Commissioner of Income Tax.

What were the issues?

1. Whether the appeal is maintainable before the High Court in light of the CBDT Circular No. 17/2019, dated August 8, 2019, concerning the monetary limit for filing appeals. Assessee's Contention: The judgment does not record any specific contentions from the assessee regarding the substantial questions of law. However, the appeal itself is being decided based on the Revenue's submission regarding the tax effect. Revenue's Contention: The Revenue submitted that the tax effect in the present case is less than Rs. 1,00,00,000/-, which, as per CBDT Circular No. 17/2019, makes the appeal not maintainable before the High Court.

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 25TH DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE E.S.INDIRESH

I.T.A.No.208/2021

BETWEEN :

1 . THE PR. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, C.R.BUILDING, QUEEN’S ROAD, BENGALURU-560 001.

2 . THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), C.R.BUILDING, QUEEN’S ROAD, BENGALURU-560 001.

...APPELLANTS

(BY SRI K.V.ARAVIND, ADV.)

AND :

SREE LAKSHMI VENKATESHWARA MINERALS, BELLARY ROAD CIRCLE, 21ST WARD, HOSPET-583 201, PAN: ABHFS8469H

…RESPONDENT

(BY SRI ANNAMALAI S., ADV.)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 30.09.2020 PASSED IN ITA NO.1816/BANG/2017, FOR THE ASSESSMENT YEAR 2008-2009. PRAYING TO 1. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,

- 2 -

BENGALURU IN ITA NO.1816/BANG/2017 DATED 30.09.2020 FOR ASSESSMENT YEAR 2008-2009 ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BENGALURU.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

In terms of the CBDT Circular No.17/2019, dated 08.08.2019, the tax effect in the present case as stated by the appellants/Revenue is less than Rs.1,00,00,000/-, as such the appeal is not maintainable before the High Court.

Accordingly, the present appeal stands dismissed without answering the purported substantial questions of law.

Sd/- JUDGE

Sd/- JUDGE

PMR

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