THE COMMISSIONER OF INCOME TAX vs. M/S S J S ENTERPRISES

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ITA/727/2007HC KarnatakaKAHC01045051200706 November 2012Bench: B.V.PINTO,K.SREEDHAR RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, following its earlier decision in CIT Vs. Ranka and Ranka, which held that the circular prescribing mandatory appeal limits applies to pending appeals and has prospective effect.

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 Circular No. 3/2011.

What were the issues?

Whether the mandatory monetary limit for filing appeals by the Revenue 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

Cases cited in this judgment(1)Show list

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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 06TH 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.727 OF 2007

BETWEEN

1.

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

2.

THE ADDITIONAL COMMISSIONER OF INCOME-TAX RANGE-9 C.R.BUILDING QUEENS ROAD BANGALORE

... APPELLANTS

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

M/S S J S ENTERPRISES NO.1, TALAGHATTAPRUA KANAKAPURA MAIN ROAD BANGALORE

... RESPONDENT

(BY SRI.K K CHAITHANYA, ADV.)

THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 5-4-2007 PASSED IN ITA

2 NO. 1463/BNG/2005, FOR THE ASSESSMENT YEAR 2002- 03, 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. 1463/BNG/2005,DATED 5-4-2007 CONFIRM THE ORDERS OF THE ADDITIONAL COMMISSIONER OF INCOME TAX CIRCLE-11(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

3 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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