THE PR. COMMISIONER OF INCOME TAX vs. M/S. GMR INFRASTRUCTURE LTD

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ITA/172/2022HC KarnatakaKAHC01020266202105 July 2022Bench: P.S.DINESH KUMAR,C.M. POONACHA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal was not maintainable based on the CBDT Circular No. 17/2019. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The Revenue's counsel conceded that the tax effect of the appeal was less than Rs. 1.00 Crore.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court due to the tax effect being below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENGALURU IN ITA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JULY, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON’BLE MR. JUSTICE C.M. POONACHA I.T.A.No. 172 of 2022

BETWEEN:

1.

THE Pr. COMMISIONER OF INCOME TAX

CENTRAL CIRCLE,

C R BUILDING,

QUEEN'S ROAD,

BENGALURU-560001

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX

CENTRAL CIRCLE -2(2)

C R BUILDING,

QUEEN'S ROAD,

BENGALURU-560001 ...APPELLANTS

(BY SRI ARAVIND K.V., ADVOCATE)

AND

M/s. GMR INFRASTRUCTURE LTD., NO.25/1, SKIP HOUSE, MUSEUM ROAD, BENGALURU-560025 PAN AABCG 8889P

…RESPONDENT (BY SRI BALRAM R RAO, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 28/10/2020 PASSED IN ITA No.1427/BANG/2017, FOR THE ASSESSMENT YEAR 2008-2009 PRAYING TO ; i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 1427/BANG/2017 DATED 28/10/2020 FOR ASSESSMENT YEAR 2008-2009 ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU. iii) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS INCOME TAX APPEAL COMING ON FOR ADMISSION through physical hearing/video conferencing, THIS DAY P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:

JUDGMENT

Sri K V Aravind, learned advocate appearing for the appellants, in his usual fairness, submits that the Tax Effect is less than Rs.1.00 Crore and hence, the appeal is not maintainable.

2.

In view of the aforesaid submission and based on the Circular No.17/2019, dated 8th August, 2019 of Central Board of Direct Taxes, the appeal is not maintainable and the same is accordingly dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

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