THE PR. COMMISSIONER OF INCOME TAX vs. M/S TEKTRONIX INDIA PVT. LTD.,

PDF · subscribers
ITA/43/2024HC KarnatakaKAHC01004122202408 January 2025Bench: KRISHNA S DIXIT,G BASAVARAJA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal with liberty to the Revenue to revive it if the matter falls within the exceptions of the circulars. The substantial question of law was kept open for future adjudication.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The assessee argued that the tax effect was below the monetary limit for appeals as per CBDT Circular No. 09/2024. The Revenue sought liberty to revive the appeal if exceptions applied.

What were the issues?

Whether the appeal is maintainable due to the tax effect being 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

- 1 -

NC: 2025:KHC:495-DB ITA No. 43 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA INCOME TAX APPEAL NO. 43 OF 2024 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095.

2.

THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), PRESENT ADDRESS DCIT, CIRCLE-7(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANAGALA, BENGALURU - 560 095. …APPELLANTS (BY SRI. SUSHAL TIWARI N.,ADVOCATE)

AND:

M/S TEKTRONIX INDIA PVT. LTD., SALARPURIA PERMIA, SUREVEY NO.16, SARJAPUR OUTER RING ROAD, KADUBEESANAHALLI, BENGALURU - 560 103. PAN: AAACT 7289F …RESPONDENT

THIS ITA / INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08/05/2023 PASSED IN IT(TP)A NO. 759/BANG/2022, FOR THE ASSESSMENT YEAR 2018-2019.PRAYING TO 1. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND 2. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN

Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

- 2 -

NC: 2025:KHC:495-DB ITA No. 43 of 2024

IT(TP)A NO. 759/BANG/2022 DATED 08.05.2023 FOR ASSESSMENT YEAR 2018-19 ANNEXURE A AND CONFIRM THE ORDER OF THE DRP CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 7(1)(1), BENGALURU AND ETC.,

THIS ITA COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA

ORAL JUDGEMENT

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

The subject matter of this appeal is substantially similar to the one in ITA No.154/2020 between THE PR. COMMISSIONER OF INCOME TAX vs. 24/7 CUSTOMER PVT LTD, heard & disposed off by a Coordinate Bench of this Court vide order dated 27.9.2024 so far as monetary limit for maintaining the appeal is concerned. 2. At paragraph Nos.4, 5 & 6, the Coordinate Bench has observed as under: “4. Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal

- 3 -

NC: 2025:KHC:495-DB ITA No. 43 of 2024

should not be entertained at the instance of the revenue in view of the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue. 5. On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the appeal in case the matter falls within the exceptions under the aforesaid Circular dated 17.09.2024 and Circular No.5/2024 dated 15.03.2024. 6. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.

In view of the above, this appeal is also accordingly disposed off. Costs made easy.

Sd/- (KRISHNA S DIXIT) JUDGE

Sd/- (G BASAVARAJA) JUDGE cbc List No.: 1 Sl No.: 30

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 →