THE DIRECTOR OF INCOME TAX vs. M/S ANZ OPERATIONS & TECHNOLOGY PVT. LTD.,

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ITA/358/2011HC KarnatakaKAHC01082313201107 September 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court acknowledged that the tax effect was below the threshold stipulated in the CBDT circular. Consequently, the appeal was dismissed as not pressed.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The respondent assessee argued that the appeal was not maintainable due to a low tax effect, citing a CBDT circular.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the tax effect and the applicability of the CBDT circular.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF SEPTEMBER 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

I.T.A. NO.358 OF 2011

BETWEEN:

1.

THE DIRECTOR OF INCOME-TAX

(INTERNATIONAL TAXATION)

RASHTROTHANA BHAVAN

NRUPATHUNGA ROAD

BANGALORE.

2.

THE DEPUTY DIRECTOR OF INCOME TAX

INTERNATIONAL TAXATION

CIRCLE-1(1)

RASHTROTHANA BHAVAN

NRUPATHUNGA ROAD, BANGALORE. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.)

AND:

M/S. ANZ OPERATIONS & TECHNOLOGY PVT. LTD., EMBASSY GOLF LINKS BUSINESS PARK OFF. INTERMEDIATE RING ROAD BANGALORE – 560 071. ... RESPONDENT (BY SRI. T. SURYANARAYANA, ADV.) - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 28-04-2011 PASSED IN ITA NO.482/BANG/2010 FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.482/BANG/2010 DATED 28-04-2011 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(1), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.K.V.Aravind, learned counsel for the revenue. Mr.T.Suryanarayana, learned counsel for the assessee.

2.

Learned counsel for the respondent submitted that the tax effect in this appeal is less than `1 Crore and therefore, the appeal may not be maintainable in the light of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes.

3.

Learned counsel for the appellants fairly submitted that the tax effect is less than `1 Crore and in view of the aforesaid circular, the appeal is not maintainable.

4.

Accordingly, in view of the circular dated 08.08.2019, the appeal is dismissed as not pressed.

Sd/- JUDGE

Sd/- JUDGE

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