COMMISSIONER OF INCOME TAX vs. M/S SRI GANESH SHIPPING AGENCY

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ITA/21/2011HC KarnatakaKAHC01010491201117 December 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that in view of Circular No. 21/2015 dated December 10, 2015, which enhanced the monetary limit for filing appeals before the High Court to Rs. 20 lacs and applied retrospectively, the present appeal, having a tax effect below Rs. 20 lacs, stands dismissed. The reasoning is based on the Revenue's submission that the tax effect in this appeal is below the enhanced limit. The operative direction is that the appeal is dismissed. No issue was expressly left undecided.

What were the facts?

The appeal was filed by the Revenue (Commissioner of Income-Tax and Assistant Commissioner of Income-Tax) against an order of the Income Tax Appellate Tribunal (ITAT), Bangalore Bench, dated July 30, 2010, in appeal proceedings ITA No. 18/Bang/2010. The respondent is M/s Sri. Ganesh Shipping Agency. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The Revenue's counsel submitted a Circular No. 21/2015 dated December 10, 2015, issued by the Central Board of Direct Taxes, which 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also clarified that it would apply retrospectively to pending appeals below the specified tax limits, which could be withdrawn or not pressed.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable in light of the revised monetary limit for filing appeals before the High Court as per Circular No. 21/2015. The Revenue contended that the tax effect in the present appeal is below the specified limit of Rs. 20 lacs as per Circular No. 21/2015. The Revenue relied on Circular No. 21/2015 dated December 10, 2015, which enhanced the monetary limit for filing appeals before the High Court to Rs. 20 lacs and stated that it applies retrospectively to pending appeals. The judgment does not record any specific arguments from the respondent.

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. 21/2011

BETWEEN

1.

COMMISSIONER OF INCOME-TAX, C.R.BUILDINGS, ATTAWARA, MANGALORE-575 001.

2.

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(1) MANGALORE.

...APPELLANTS

(BY SRI. E.I. SANMATHI-ADV)

AND

M/S SRI.GANESH SHIPPING AGENCY, SRI RAM BUILDING, KOTTARA CHOWKY, DEREBAIL, MANGALORE.

... RESPONDENT

(BY SRI. S.N. SHYANBHOG-ADV)

THIS ITA IS FILED U/S.260-A OF I.T. ACT, 1961 PRAYING TO MODIFY THE APPELLATE ORDER DATED 30.7.2010 PASSED BY THE ITAT, ‘A BENCH’ BANGALORE IN APPEAL PROCEEDINGS ITA NO.18/BANG/2010, DATED 30.7.2010, ETC.

THIS ITA COMING ON FOR 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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