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

PDF · subscribers
ITA/382/2014HC KarnatakaKAHC01030580201417 December 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court considered the Circular No. 21/2015 dated 10.12.2015 issued by the CBDT, which enhanced the monetary limit for filing appeals before the High Court to Rs. 20 lacs and clarified its retrospective application to pending appeals. The Revenue's counsel stated that the tax effect in the present appeal was below this specified limit. Consequently, the High Court held that in view of the circular and the stated tax effect being less than Rs. 20 lacs, the appeal stands dismissed. The operative direction is the dismissal of 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 5.3.2014 passed by the Income Tax Appellate Tribunal (ITAT), 'B' Bench, Bangalore, for the Assessment Year 2006-2007. The assessee is Shri K.T. Ramanna. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The Revenue's counsel presented a Circular No. 21/2015 dated 10.12.2015 issued by the Central Board of Direct Taxes (CBDT), which enhanced the monetary limit for filing appeals before the High Court from Rs. 10 lacs to Rs. 20 lacs. This circular was clarified to apply retrospectively to pending appeals.

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 the tax effect in the present appeal is below the enhanced specified limit of Rs. 20 lacs. Therefore, in accordance with the retrospective application of the circular, the appeal may be withdrawn or not pressed. The Revenue relied on CBDT Circular No. 21/2015 dated 10.12.2015. The judgment does not record any arguments from the assessee.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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. 382/2014

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, PRATYING TO SET ASIDE THE APPELLATE ORDER DATED: 5.3.2014 PASSED BY THE ITAT, ‘B’ BENCH, BANGALORE, IN APPEAL PROCEEDINS NO.ITA NO.18/BANG/2014 FOR ASSESSMENT YEAR 2006-2007.

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

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 →