COMMISSIONER OF INCOME TAX-III vs. SHRI K T RAMANNA

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ITA/381/2014HC KarnatakaKAHC01046674201417 December 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that in view of CBDT Circular No. 21/2015 dated 10.12.2015, which enhanced the monetary limit for filing appeals before the High Court to Rs. 20 lacs and applied retrospectively to pending appeals, the present appeal, having a tax effect below Rs. 20 lacs, was to be dismissed. The reasoning was based solely on the circular and the stated tax effect. No decision was made on the merits of the original ITAT order. The operative direction was to dismiss the appeal.

What were the facts?

The appeal was filed by the Revenue (Commissioner of Income Tax-III and Assistant Commissioner of Income Tax) against an order dated 05.03.2014 passed by the Income Tax Appellate Tribunal (ITAT), 'B' Bench, Bangalore. The appeal pertains to Assessment Year 2005-06. The Revenue sought to set aside the ITAT's order. The respondent is Shri K.T. Ramanna. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable in light of the revised monetary limits for filing appeals before the High Court as per CBDT Circular No. 21/2015. The Revenue argued that a Circular No. 21/2015 dated 10.12.2015, issued by the Central Board of Direct Taxes (CBDT), enhanced the monetary limit for filing appeals before the High Court from Rs. 10 lacs to Rs. 20 lacs. It was further clarified that this circular applies retrospectively to pending appeals. The Revenue stated that the tax effect in the present appeal is below the specified limit of Rs. 20 lacs. The judgment does not record any 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. 381/2014

BETWEEN

1.

COMMISSIONER OF INCOME

TAX-III, CENTRAL REVENUE BUILDINGS, QUEENS ROAD, BANGALORE-560 001.

2.

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 7(2), BANGALORE.

...APPELLANTS

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

AND

SHRI. K.T.RAMANNA NO.13/2, 2ND FLOOR, 3RD CROSS, GANDHINAGAR, BANGALORE.

... RESPONDENT

(BY SRI. N.MANOHAR-ADV)

THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE APPELLATE ORDER DATED: 5.3.2014 PASSED BY THE ITAT. ‘B’ BENCH, BANGALORE, IN APPEAL PROCEEDINGS NO.ITA NO. 17/BANG/2014 FOR THE ASSESSMENT YEAR 2005-06.

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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