THE COMMISSIONER OF INCOME TAX vs. M/S SATISHCHANDRA HEGDE

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ITA/39/2008HC KarnatakaKAHC01015549200801 October 2012Bench: B.MANOHAR,K.SREEDHAR RAO3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court found that the monetary limit for filing the appeal was not satisfied. Consequently, the appeal was deemed not maintainable.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The assessee contended that the monetary limit for filing the appeal was not met as per a circular issued by the Ministry of Finance.

What were the issues?

Whether the appeal filed by the Revenue was maintainable considering the monetary limit prescribed by the circular.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 1ST DAY OF OCTOBER 2012 PRESENT: THE HON’BLE MR.JUSTICE K.SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B.MANOHAR INCOME TAX APPEAL No.39/2008

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX (APPEALS), BANGALORE.

2.

ASST. COMMISISIONER OF INCOME TAX, CIRCLE-1 UDUPI.

... APPELLANTS

(By Sri E.SANMATHI INDRA KUMAR, ADV.)

AND:

M/S.SATISHCHANDRA HEGDE FAMILY TRUST AJJARKAD UDUPI.

... RESPONDENT

(By SMT.VANI.H., Adv.)

2 This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising out of order dated 24-08-2007 passed in ITA.No.516/Bang/2007 for the Assessment Year 2001- 2002, 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, Passed in ITA No.516/Bang/2007 dated 24.08.2007 and confirm the order of the Assessing authority.

This Appeal coming on for hearing, on this day, SREEDHAR RAO, J., delivered the following:

J U D G M E N T

It is the contention of the respondent-assessee that the monetary limit is less than Rs.4,00,000/- and the appeal is not maintainable in view of the circular No.2/2005, issued by the Ministry of Finance, Government of India.

3 Accordingly, the appeal is dismissed as not maintainable.

Sd/-

JUDGE

Sd/- JUDGE

Bsv

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