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

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ITA/125/2023HC KarnatakaKAHC01015602202319 September 2023Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal. This was based on a Circular issued by the CBDT which stipulated that appeals with a monetary effect below Rs. 1 Crore are not maintainable.

What were the facts?

The Revenue filed an appeal before the High Court against an order of the Income-Tax Appellate Tribunal. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court due to its monetary limit as per CBDT Circular No. 17/2019.

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:33841-DB ITA No. 125 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. 125 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, BENGALURU 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-560009. PAN: AABCV 1355K

…RESPONDENT (BY SRI.S.SHARATH, ADV. FOR SRI. TATA KRISHNA, ADV.)

THIS ITA IS FILED UNDER SEC.260-A OF THE INCOME TAX ACT 1961, PRAYING TO i. FORMULATE THE Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA

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NC: 2023:KHC:33841-DB ITA No. 125 of 2023 SUBSTANTIAL QUESTION OF LAW STATED ABOVE. ii. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 1327/BANG/2018 DATED 01/04/2021 FOR ASSESSMENT YEAR 2007-2008 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:33841-DB ITA No. 125 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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