THE COMMISSIONER OF INCOME TAX vs. M/S MANTHAN SOFTWARE SERVICES PVT LTD

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ITA/95/2020HC KarnatakaKAHC01014281202015 December 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal, granting the revenue liberty to revive it if the case falls within the exceptions mentioned in the CBDT circular regarding monetary limits for appeals.

What were the facts?

The revenue filed an appeal before the High Court against an ITAT order. The assessee's counsel argued that the tax effect was below the threshold specified in a CBDT circular, making the appeal not maintainable. The revenue sought liberty to revive the appeal if exceptions applied.

What were the issues?

Whether the appeal is maintainable in light of the CBDT circular on monetary limits for revenue appeals, and if the revenue can be granted liberty to revive the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.95 OF 2020 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX

INTERNATIONAL TAXATION

7TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORAMANGALA

BENGALURU-560095. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX

INTERNATIONAL TAXATION

CIRCLE-1(2), 7TH FLOOR

BMTC BUILDING, 80 FEET ROAD

KORAMANGALA, BENGALURU-560095. .... APPELLANTS (BY SRI. ARAVIND K.V. ADV.,) AND: M/S. MANTHAN SOFTWARE SERVICES PVT. LTD., NO.40/4, LAVELLE ROAD BENGALURU-560001 PAN AADCM 7750 M. ... RESPONDENT (BY SRI. NARENDRA KUMAR J. JAIN, ADV.,) - - -

2 THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 28.08.2019 PASSED IN IT(IT)A NO.968/BANG/2019 FOR THE ASSESSMENT YEAR 2012-13, PRAYING TO: (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN IT(IT)A NO.968/BANG/2019 DATED 28.08.2019 FOR ASSESSMENT YEAR 2012-13, ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIOAL TAXATION, CIRCLE-1(2), BENGALURU & ETC. THIS I.T.A. COMING ON FOR FURTHER ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Mr.Narendra Kumar J.Jain, learned counsel for the assessee. 2. Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.1 Crore and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue.

3 3. 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 08.08.2019. 4. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. Sd/- JUDGE Sd/- JUDGE RV

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