THE PR. COMMISISONER OF INCOME TAX, vs. M/S VECTRA ADVANCED ENGINEERING PVT. LTD.

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ITA/126/2023HC KarnatakaKAHC01015604202319 September 2023Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal filed by the Revenue is not maintainable. The reasoning provided is that the appeal does not meet the threshold stipulated in Circular No. 17/2019, which specifies a minimum monetary limit of Rs. 1 Crore for filing appeals. Consequently, the appeal was dismissed on this procedural ground. The operative direction was to dismiss the appeal. No other issues were decided on merits.

What were the facts?

The appeal was filed by the Principal Commissioner of Income-Tax and the Deputy Commissioner of Income-Tax (Revenue) against an order passed by the Income-Tax Appellate Tribunal (ITAT), Bengaluru, in ITA No. 1328/Bang/2018 for the Assessment Year 2012-2013. The order under challenge was dated 01/04/2021. The Revenue sought to set aside the ITAT's order and confirm the orders passed by the Appellate Commissioner and the Deputy Commissioner of Income-Tax. The assessee is M/s Vectra Advanced Engineering Pvt. Ltd. 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 before the High Court, considering the monetary limit prescribed by the relevant circular. The Revenue contended that the appeals are not maintainable in view of Circular No. 17/2019 [F.NO. 279/MISC.142/2007-ITJ(PT.)], dated 08.08.2019, as the monetary effect is less than Rs. 1 Crore. The judgment does not record any contentions from the assessee.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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NC: 2023:KHC:33843-DB ITA No. 126 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA INCOME TAX APPEAL NO. 126 OF 2023 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME-TAX, 5TH FLOOR BMTC BUILDING, 80 FEET ROAD KORMANGALA, BENGALURU-560 095 2. THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-7(1)(2), PRESENT ADDRESS, DCIT CIRCLE 7(1)(1), 2ND FLOOR, BMTC BUILDING

80 FEET ROAD, KORMANGALA

BENAGALURU 560 095 …APPELLANTS (BY SRI. DILIP M., ADV.) AND: M/S VECTRA ADVANCED ENGINEERING PVT. LTD. VECTRA HOUSE, NO. 15, 1ST MAIN ROAD, 6TH CROSS, GANDHINAGAR BENGALURU-560 009. PAN: AABCV 1355K …RESPONDENT (BY SRI. SHARATH S. ADV. FOR SRI. TATA KRISHNA, ADV.)

THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT 1961, PRAYING TO i. FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE. ii. Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA

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NC: 2023:KHC:33843-DB ITA No. 126 of 2023 ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 1328/BANG/2018 DATED 01/04/2021 FOR ASSESSMENT YEAR 2012-2013 ANNEXURE -C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1) (1), BENGALURU AND ETC.,

THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING: JUDGMENT Shri M. Dilip, learned Standing Counsel for the Revenue submitted that these appeals are not maintainable in view of Circular No.17/2019 [F.NO. 279/MISC.142/2007-ITJ(PT.)], dated 08.08.2019, as the monetary effect is less than Rs.1 Crore.

2.

Accordingly, the appeal is dismissed.

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NC: 2023:KHC:33843-DB ITA No. 126 of 2023 3. In view of dismissal of the appeal, I.A.No.2/2023 does not survive for consideration and the same stands disposed of.

No costs. Sd/- JUDGE Sd/- JUDGE PA List No.: 1 Sl No.: 30

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