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

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ITA/204/2019HC KarnatakaKAHC01038014201931 October 2019Bench: RAVI MALIMATH,ASHOK S.KINAGI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal as not maintainable. This was based on the submission by the Revenue's counsel regarding monetary limits prescribed by a CBDT circular.

What were the facts?

The Revenue 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.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court due to prescribed monetary limits for such appeals.

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

ON THE 31ST DAY OF OCTOBER 2019

BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

ITA NO.204 OF 2019 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-11(2), PRESENT ADDRESS DCIT, CIRCLE-2(1) (1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560 095. ...APPELLANTS (BY SRI DILIP, ADVOCATE FOR SRI K.V.ARAVIND, ADVOCATE)

AND:

M/S COREONE TECHNOLOGIES INDIA PVT. LTD., (FORMERLY KNOWN AS M/S. CAPCO IT

SERVICES INDIA PVT. LTD.) MOBIUS TOWER, 2ND FLOOR, SJR PARK, EPIP ZONE 1, WHITEFIELD, BENGALURU-560 066 PAN: AACCC 1734G …RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED: 26/10/2018 PASSED IN IT(TP)A NO.164/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010, PRAYING TO 1) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A NO.164/BANG/2014, DATED:26/10/2018 FOR ASSESSMENT YEAR 2009-2010 ANNEXURE-C AND CONFIRM THE ORDER OF THE DRP CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BENGALURU. 3) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS ITA COMING ON FOR ORDERS 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

JT/-

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