THE DIRECTOR OF INCOME TAX vs. M/S VELANKANI MAURITIUS LTD

PDF · subscribers
ITA/372/2010HC KarnatakaKAHC01069782201004 October 2018Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the permission sought by the learned counsel for the appellants to withdraw the appeal. The reasoning provided is based on the Circular No. 3/2018, which sets monetary limits for filing appeals. Consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the original dispute between the parties. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

The appeal was filed by the Director of Income-Tax (International Taxation) and the Deputy Commissioner of Income-Tax (International Taxation) against an order of the Income-Tax Appellate Tribunal (ITAT), Bangalore. The ITAT's order, dated May 31, 2010, was in ITA No.985/Bang/2009. The appellants sought to set aside the ITAT's order and confirm the orders of the Appellate Commissioner and the Deputy Commissioner of Income-Tax. The respondent in this appeal is M/s. Velankani Mauritius Ltd. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the Revenue was maintainable. The Revenue, through its counsel, submitted a memo stating that in view of Circular No. 3/2018 dated July 11, 2018, concerning the monetary limit for filing appeals by the Income Tax Department before the ITAT and High Courts, the present appeal was not maintainable. The Revenue sought permission to withdraw the appeal. 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

ITA No.372/2010 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF OCTOBER, 2018

PRESENT

HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

AND

HON’BLE MR.JUSTICE S.G.PANDIT

INCOME TAX APPEAL NO.372/2010 BETWEEN:

1.

THE DIRECTOR OF INCOME-TAX

INTERNATIONAL TAXATION

RASHTROTHANA BHAVAN

NRUPATHUNGA ROAD

BANGALORE

2.

THE DEPUTY COMMISSIONER OF

INCOME-TAX

INTERNATIONAL TAXATION

CIRCLE-II(1), BANGALORE …APPELLANTS

(BY SRI K V ARAVIND, ADVOCATE)

AND:

M/S. VELANKANI MAURITIUS LTD., C/O CHAURVEDI AND SHAH N-604, NORTH REAR WING MANIPAL CENTRE DICKENSON ROAD BANGALORE-560 042

... RESPONDENT

(BY SMT VANI H, ADVOCATE)

ITA No.372/2010 2 THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.985/BANG/2009 DATED 31.05.2010 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER BY CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX (INTL. TAXN)– CIRCLE-II(1), BANGALORE.

THIS ITA COMING ON FOR FINAL HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellants has moved a memo with the submissions that in view of 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, this appeal is not maintainable and seeks permission to withdraw.

Permission granted. The appeal is dismissed as withdrawn.

Sd/- CHIEF JUSTICE

Sd/- JUDGE bkv

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 →