THE COMMISSIONER OF INCOME TAX vs. M/S INTEGRATED ELECTRIC CO

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ITA/513/2007HC KarnatakaKAHC01033882200708 November 2012Bench: B.V.PINTO,K.SREEDHAR RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the circular prescribing the mandatory limit applies to pending appeals and has prospective effect. Therefore, the appeal was dismissed on the ground of not meeting the mandatory 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 Revenue appeals as per a circular.

What were the issues?

Whether a circular prescribing mandatory monetary limits for appeals applies to pending appeals and has prospective effect.

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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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.513/2007 BETWEEN

1.

THE COMMISSIONER OF INCOME TAX CENTRAL CIRCLE C.R.BUILDING QUEENS ROAD BANGALORE

2.

THE ASST COMMISSIONER OF INCOME-TAX CIRCLE 11(3) BANGALORE

... APPELLANTS

(BY SRI. K V ARAVIND, ADV.) AND

M/S INTEGRATED ELECTRIC CO NO.197, IV PHASE PEENYA INDUSTRIAL AREA BANGALORE-560 058

... RESPONDENT

(BY M/S. KING & PARTRIDGE.)

THIS ITA IS FILED U/S.260-A OF I.T.ACT 1961 ARISING OUT OF ORDER DATED 09-11-2006 PASSED IN ITA NO. 64/BANG/2005 FOR THE ASSESSMENT YEAR 1997-98, 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 ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO. 64/BANG/2005 DATED 09-11-2006 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE-11(3), 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 SLP No.27468/2012 pending decision. In view of the

3 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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