THE PR. COMMISSIONER OF INCOME TAX vs. SRI. PRASAD KIRAN THAKUR

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ITA/100042/2022HC KarnatakaKAHC02017584202228 January 2025Bench: B.M.SHYAM PRASAD,RAMACHANDRA D. HUDDAR2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court considered the memo filed by the learned counsel for the appellants (Revenue). The memo stated that consequent to the revision of monetary limits by the CBDT for filing appeals before various Appellate Forums vide Circular No. 09/2024 dated 17.09.2024, the appellant may be permitted to withdraw the appeal filed under Section 260A of the Income-Tax Act, 1961. This permission was sought because the tax effect involved in the case for the Assessment Year 2012-13 falls below the threshold monetary limits prescribed in the said Circular for pursuing the case before the High Court. In consideration of this submission, the High Court ordered that the appeal stands dismissed as withdrawn. No decision on the merits of the original dispute was made.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax and ACIT (Appellants) against an order of the Income-Tax Appellate Tribunal, Panaji Bench, in ITA No. 56/PAN/2018. The respondent is Sri. Prasad Kiran Thakur. The appeal was filed under Section 260A of the Income-Tax Act, 1961. The appellants sought to withdraw the appeal due to a revision of monetary limits for filing appeals by the CBDT, as per Circular No. 09/2024 dated 17.09.2024. The tax effect for the Assessment Year 2012-13 was stated to be below the prescribed threshold for pursuing the case before the High Court.

What were the issues?

1. Whether the appeal filed under Section 260A of the Income-Tax Act, 1961, can be permitted to be withdrawn consequent to the revision of monetary limits by the CBDT vide Circular No. 09/2024 dated 17.09.2024, when the tax effect falls below the prescribed threshold. Assessee's Contention: The assessee (represented by the appellants in this context, as they are seeking withdrawal) contended that the appeal should be permitted to be withdrawn as the tax effect for Assessment Year 2012-13 falls below the revised monetary limits prescribed by the CBDT Circular No. 09/2024 for filing appeals before the High Court. Revenue's Contention: No argument was recorded for the revenue in the judgment.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

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NC: 2025:KHC-D:1597-DB ITA No. 100042 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 100042 OF 2022 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME TAX, NAVANAGAR, HUBBALLI.

2.

ACIT, CIRCLE 1, BELAGAVI, KARNATAKA. - APPELLANTS (BY SRI. M. THIRUMALESH, ADVOCATE FOR SRI. Y.V. RAVIRAJ, ADVOCATE)

AND: SRI. PRASAD KIRAN THAKUR, 180, GURUWAR PETH, TILAKWADI, BELAGAVI. PAN: ACXPT 9822 E - RESPONDENT

THIS ITA IS FILED U/SEC. 260A OF THE INCOME-TAX ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI IN ITA NO. 56/PAN/2018, DATED 05.05.2022 & ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench

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NC: 2025:KHC-D:1597-DB ITA No. 100042 of 2022

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)

The memo filed by the learned counsel for the appellants in its material part reads as under:

“The undersigned, Standing Counsel for the Appellant, submits that consequent to revision of monetary limits by CBDT for filing appeals before various Appellate Forums vide Circular No. 09/2024 dated 17.09.2024, the appellant may be permitted to withdrawn the above appeal filed u/s. 260A of the Income Tax Act, 1961 and disposed as withdrawn as the tax effect involved in the case for the A.Y. 2012-2- 13, falls below the threshold monetary limits prescribed in the said Circular for pursuing the case before the Hon’ble High Court.”

In consideration of the afore, the appeal stands dismissed as withdrawn.

Sd/- (B.M.SHYAM PRASAD) JUDGE

Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 9

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