THE COMMISSIONER OF INCOME TAX vs. M/S. SUBEX LIMITED

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ITA/124/2009HC KarnatakaKAHC01020611200905 June 2015Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal was not maintainable due to the net tax effect being below the monetary limit stipulated in Instruction No. 5/2008.

What were the facts?

The Revenue preferred an appeal challenging the Tribunal's order granting exemption to the assessee. The net tax effect of the appeal was less than Rs. 4 Lakhs.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the monetary limit prescribed by the Revenue's instructions.

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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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5th DAY OF JUNE, 2015

PRESENT

THE HON’BLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR

AND

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

I.T.A. NO.124/2009

BETWEEN :

1.

The Commissioner of Income-Tax C.R.Building, Queens Road Bangalore

2.

The Income Tax Officer Ward-12(2) C.R. Building, Queens Road Bangalore

..Appellants (By Sri K.V. Aravind, Standing Counsel.,)

AND :

M/s. Subex Limited (Formerly Subex Azure Ltd.,) Outer Ring Road Devarabisanahalli Bangalore

..Respondent (By Sri Chythanya K.K., Adv.,)

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This appeal is filed under Section 260-A of Income Tax Act, 1961 arising out of order dated 23.10.2008 passed in ITA No.220/Bang/2008, for the assessment year 2003-04, praying to formulate the substantial questions of law stated therein, allow the appeal and set aside the order passed by the Income Tax Appellate Tribunal, Bangalore.

This appeal coming on for hearing, this day, MOHAN M. SHANTANAGOUDAR, J., delivered the following:-

J U D G M E N T

The Revenue has preferred this appeal challenging the order passed by the Tribunal granting exemption to the assessee following the judgment of the Apex Court in granting deduction.

2.

The net tax effect is less than Rs.4 Lakhs. It is revealed from Instruction No.5/2008, dated 15.5.2008 that the appeal before this Court is not maintainable in case if the monetary limit is less than Rs.4 Lakhs. Hence, this appeal is not maintainable.

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Accordingly, appeal stands dismissed as not maintainable.

Sd/- JUDGE

Sd/- JUDGE

*ck/-

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