THE PR COMMISSIONER OF INCOME TAX CIT(A) vs. M/S FULCRUM FUND SERVICES INDIA PVT LTD

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ITA/79/2020HC KarnatakaKAHC01014768202022 November 2022Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission regarding the tax effect being below the threshold for appeal. Based on CBDT Circular No. 17/2019, the appeal was deemed not maintainable.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The Revenue's counsel conceded that the tax effect was less than Rs. 1 Crore.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the prescribed monetary limit as per CBDT circulars.

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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ITA No. 79 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR. JUSTICE T G SHIVASHANKARE GOWDA INCOME TAX APPEAL NO. 79 OF 2020 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME TAX CIT(A) 5TH FLOOR, BMTC BUILDING 80 FEET ROAD KORMANGALA BENGALURU-560 095 2. THE INCOME-TAX OFFICER WARD-3 3(1)(1) 2ND FLOOR, BMTC BUILDING 80 FEET ROAD KORMANGALA BENGALURU-560 095 …APPELLANTS (BY SHRI. M. DILIP ADVOCATE FOR SHRI. K.V. ARAVIND, STANDING COUNSEL)

AND: M/S. FULCRUM FUND SERVICES INDIA PVT LTD FLAT 102, ARADHANA APARTMENTS SRINIVAGILU, 2ND MAIN ROAD S.T.BED LAYOUT, KORAMANGALA BENGALURU-560 047 PAN-AABCF 1230B …RESPONDENT (BY SHRI. ANKUR PAI DHUNGAT, ADVOCATE)

THE INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 23.10.2019 PASSED IN ITA NO.2520/BANG/2017, FOR THE ASSESSMENT YEAR

Digitally signed by YASHODHA N Location: High Court Of Karnataka

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ITA No. 79 of 2020

2011-2012 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND ETC.

THIS INCOME TAX APPEAL, COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

JUDGMENT

Sri M.Dilip, learned advocate appearing for the appellants, in his usual fairness, submits that the Tax Effect is less than Rs.1.00 Crore and hence, the appeal is not maintainable. He has filed a memo of even date to the said effect.

2.

Memo be kept in record.

3.

In view of the aforesaid submission and based on the Circular No.17/2019, dated 8th August, 2019 of Central Board of Direct Taxes, the appeal is not maintainable and the same is accordingly dismissed.

No costs.

Sd/- JUDGE

Sd/- JUDGE

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