THE COMMISSIONER OF INCOME TAX vs. M/S MOOLA TECHNOLOGIES PVT LTD

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ITA/153/2007HC KarnatakaKAHC01032834200708 November 2012Bench: B.V.PINTO,K.SREEDHAR RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court followed its earlier decision in CIT Vs. Ranka and Ranka, holding that the circular prescribing the mandatory limit applies to pending appeals. Therefore, the appeal was dismissed on the ground of the monetary limit.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The appeal's monetary limit was less than Rs. 10 lakhs, which is the mandatory limit for the Revenue to file appeals.

What were the issues?

Whether the mandatory monetary limit for filing appeals by the Revenue applies to pending appeals. The applicability of Circular No. 3/2011 to pending appeals.

Which sections of the Income-tax Act were involved?

Section 260-A

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Cases cited in this judgment(1)Show list

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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 08TH DAY OF NOVEMBER, 2012 PRESENT THE HON’BLE MR.JUSTICE K. SREEDHAR RAO AND

THE HON’BLE MR.JUSTICE B.V.PINTO

INCOME-TAX APPEAL NO.153/2007

BETWEEN 1. THE COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE C R BUILDING QUEENS ROAD, BANGALORE 2. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 12(1) C R BUILDING QUEENS ROAD, BANGALORE

... APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND M/S MOOLA TECHNOLOGIES PVT LTD 451, 9TH CROSS, J P NAGAR, 2ND PHASE BANGALORE- 560 078

... RESPONDENT BY SRI. S P BHAT, ADV.) THIS ITA IS FILED U/S.260-A OF I.T.ACT 1961 ARISING OUT OF ORDER DATED 06-07-2006 PASSED IN ITA NO. 359/BANG/2005 FOR THE ASSESSMENT YEAR

2 2001-02, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO:

I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO. 359/BANG/2005 DATED 06-07-2006 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER & CONFIRM THE ORDER PASSED BY THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE-12(1), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS ITA IS COMING ON FOR FINAL HEARING THIS DAY, SREEDHAR RAO J., DELIVERED THE FOLLOWING:-

J U D G M E N T

The mandatory limit in this appeal is less than Rs.10 lakhs. This Court in the case of CIT Vs. RANKA AND RANKA in 72 DTR 270 (KAR), has held that the Circular No.3/2011 which prescribes the mandatory limits of Rs.10 lakhs for filing appeal by the Revenue applies to pending appeal and also has prospective effect. Thus, rejected the contention of the Revenue on the ground that the said Circular has only prospective effect and does not apply to pending appeals. The Revenue has preferred SLP before the Supreme Court in

3 SLP No.27468/2012 pending decision. In view of the decision of the Court in Ranka and Ranka case, the appeal is to be dismissed on the ground of mandatory limit. If the Revenue succeeds in the SLP pending before the Supreme Court, the appellants are at liberty to make an application for revival of the appeal for disposal on merits. Accordingly, the appeal is disposed of.

Sd/- JUDGE

Sd/- JUDGE

nvj

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