THE DIRECTOR OF INCOME-TAX vs. M/S IBM WORLD TRADE CORPORATION

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ITA/62/2012HC KarnatakaKAHC01019209201231 October 2019Bench: RAVI MALIMATH,ASHOK S.KINAGI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal. This was based on a submission by the appellants' counsel regarding the appeal not being maintainable due to monetary limits specified in a CBDT circular.

What were the facts?

The Income Tax Department filed an appeal before the High Court against an ITAT order. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The assessment year in question was 2006-2007.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court in light of the monetary limits prescribed 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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 31ST DAY OF OCTOBER, 2019

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

INCOME TAX APPEAL NO.62 OF 2012

BETWEEN:

1.

THE DIRECTOR OF INCOME-TAX INTERNATIONAL TAXATION RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BENGALURU.

2.

THE DEPUTY DIRECTOR OF INCOME-TAX INTERNATIONAL TAXATION CIRCLE-1(1), RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BENGALURU. ...APPELLANTS

(BY SRI: DILIP, ADVOCATE FOR SRI: K.V. ARAVIND, ADVOCATE)

AND:

M/S. IBM WORLD TRADE CORPORATION C/O. BMR AND ASSOCIATES, EMBASSY ICON

2 ANNEXE, 2/1, INFANTRY ROAD BENGALURU-560 001. …RESPONDENT

(BY MISS: MANASA ANANTHAN, ADVOCATE FOR SRI: T. SURYANARAYANA, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 17.10.2011 PASSED IN ITA NO.39/BANG/2011, FOR THE ASSESSMENT YEAR 2006- 2007, PRAYING THIS HON'BLE COURT TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN; ALLOW THE APPEAL AND SET-ASIDE THE ORDERS PASSED BY THE ITAT, BENGALURU IN ITA NO.39/BANG/2011, DATED 17.10.2011 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(1), BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY.

*****

THIS INCOME TAX APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned counsel for the appellants submit that the appeal is not maintainable in view of the monetary limits in terms of Circular No.17 of 2019 dated 08.08.2019 passed by Director (ITJ), Central Board Direct Taxes, New Delhi.

2.

In view of the submission made, the appeal is dismissed as such.

Sd/-

Sd/- JUDGE

JUDGE

*bgn/-

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