COMMISSIONER OF INCOME TAX -III vs. M/S. L T KARLE & CO.,

ITA/218/2011HC KarnatakaKAHC01058084201128 September 2016Bench: ARAVIND KUMAR,JAYANT PATEL2 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal noted that the learned counsel for the appellants (revenue) stated that the appeal was not to be pressed and should be withdrawn in light of Circular No.21/15 dated 10.12.2015, which stipulates that appeals with a tax effect below Rs.20,00,000/- should not be pursued. Consequently, the Tribunal disposed of the appeal as withdrawn. No specific findings on the merits of the case or the original issues decided by the lower authorities were recorded as the appeal was withdrawn by the revenue. The principle derived is that appeals can be withdrawn based on monetary limits set by CBDT circulars.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-III and the Income Tax Officer, Ward-9(3), Bangalore (hereinafter referred to as the revenue) against an order passed by the Income Tax Appellate Tribunal, 'A' Bench, Bangalore. The assessment years are not explicitly stated in this portion of the judgment. The order under challenge was passed by the Income Tax Appellate Tribunal in Appeal Proceedings ITA No.364/BANG/2009, dated 11.02.2011. The procedural history involves the revenue filing an appeal under Section 260A of the Income Tax Act, 1961, seeking to set aside the Tribunal's order. The amount in dispute is not specified.

What were the issues?

The Tribunal had to decide whether to uphold the order passed by the Income Tax Appellate Tribunal. The revenue, represented by their learned counsel, stated that as per Circular No.21/15 dated 10.12.2015 issued by the Central Board of Direct Taxes, the present appeal was not to be pressed and should be withdrawn because the tax effect was less than Rs.20,00,000/-. The judgment does not record any arguments from the respondent assessee, M/s L.T. Karle & Co.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER 2016 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR ITA NO.218/2011

BETWEEN:

COMMISSIONER OF INCOME

TAX-III, REVENUE

BUILDINGS, QUEENS ROAD

BANGALORE-560001.

THE INCOME TAX

OFFICER, WARD-9(3)

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

AND:

M/S L.T. KARLE & CO., NO.151, INDUSTRIAL SUBURB, YESHWANTHPUR BANGALORE-22. …RESPONDENT

(BY SRI.SIDDAREDDY K.G. A/W SRI. ASHOK A. KULKARNI, ADVOCATES)

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961 PRAYING TO SET ASIDE THE APPELLATE ORDER DATED 11.02.2011 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, BANGALORE, IN APPEAL PROCEEDINGS ITA NO.364/BANG/2009 DATED 11.02.2011.

THIS APPEAL COMING ON FOR HEARING THIS DAY, JAYANT PATEL J, DELIVERED THE FOLLOWING :

ORDER

Learned counsel appearing for the appellants – revenue states that as the tax effect is less than Rs.20,00,000/- as per Circular No.21/15 dated 10.12.2015 issued by the Central Board of Direct Taxes, the present appeal is not to be pressed and to be withdrawn.

Appeal is disposed of as withdrawn.

SD/-

JUDGE

SD/-

JUDGE DR

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