PRINCIPAL COMMISSIONER OF INCOME TAX-7 vs. M/S UNIVERSAL POWER

PDF · subscribers
ITA/9/2022HC KarnatakaKAHC01020152202103 March 2025Bench: KRISHNA S DIXIT,RAMACHANDRA D. HUDDAR2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal is not maintainable due to the monetary limit prescribed by CBDT Circular No.9/2024. Liberty is granted to seek revival if the appeal falls under exceptions mentioned in Circular No.5/2024.

What were the facts?

The Income Tax Appeal was filed by the revenue against an order of the ITAT for Assessment Year 2012-2013. The assessee is M/s. Universal Power Transformer Pvt Ltd.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the monetary limits stipulated by the Central Board of Direct Taxes.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

- 1 -

NC: 2025:KHC:8936-DB ITA No. 09 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO. 09 OF 2022 BETWEEN:

1.

PRINCIPAL COMMISSIONER OF INCOME TAX-7, BMTC COMPLEX, KORAMANGALA, BENGALURU.

2.

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BMTC COMPLEX, 80 FT ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE. …APPELLANTS (BY SRI. E.I. SANMATHI, ADVOCATE) AND:

M/S. UNIVERSAL POWER TRANSFORMER PVT LTD., NO.26/A, 2ND PHASE, PEENYA INDUSTRIAL AREA, BANGALORE 560 058. PAN NO.AACCM 7268 F. …RESPONDENT (BY SRI. U.A. MADHUSUDHAN - AMICUS V/O/D 05.04.2023)

THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 31/07/2019 PASSED IN ITA NO.2511/BANG/2018, FOR THE ASSESSMENT YEAR 2012-2013 AND ETC.

Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA

- 2 -

NC: 2025:KHC:8936-DB ITA No. 09 of 2022

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

ORAL JUDGMENT (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

This Appeal is not maintainable in view of the monetary limit described under Central Board of Direct Taxes Circular No.9/2024 dated 15.03.2024 subject to all just exceptions. Hence, appeal is disposed off as not maintainable. Liberty is reserved to seek revival, if it is otherwise maintainable by way of exception in view of Circular No.5/2024.

Costs made easy.

Registry to send a copy of this order through speed post to the respondent-Assessee who has remained unrepresented despite service of notice, immediately.

Sd/- (KRISHNA S DIXIT) JUDGE

Sd/- (RAMACHANDRA D. HUDDAR) JUDGE YN List No.: 1 Sl No.: 33 CT:SNN

Recent GST High Court judgments

Search GST case law →