THE COMMISSIONER OF INCOME-TAX vs. SRI.RAJESH KUMAR KEDIA (HUF)

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ITA/367/2007HC KarnatakaKAHC01024271200708 November 2012Bench: B.V.PINTO,K.SREEDHAR RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court followed its previous 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 mandatory 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 was the mandatory limit for filing appeals by the Revenue.

What were the issues?

Whether the mandatory monetary limit for filing appeals by the Revenue applies to pending appeals.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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.367/2007

BETWEEN

1.

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

BANGALORE

2.

THE INCOME TAX OFFICER WARD-5(1) C.R.BUILDING QUEENS ROAD BANGALORE

... APPELLANTS

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

SRI.RAJESH KUMAR KEDIA (HUF) SRI. SATYA BUILDING VENKATARAYAPPA LANE J.M.ROAD CROSS BANGALORE

... RESPONDENT

(BY SRI.S.PARTHASARATHI, ADV.)

2 THIS ITA IS FILED U/S.260-A OF I.T.ACT 1961 ARISING OUT OF ORDER DATED 03-11-2006 PASSED IN ITA NO.2792/BANG/2004 FOR THE ASSESSMENT YEAR 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.2972/BANG/2004 DATED 03-11-2006, CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-5(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

Sri S.Parthasarathi, learned Counsel takes notice for the respondent.

2.

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

3 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 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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