THE COMMISSIONER OF INCOME TAX vs. M/S HONEYWELL TECHNOLOGY

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ITA/215/2021HC KarnatakaKAHC01015487202120 December 2021Bench: S.SUJATHA,S VISHWAJITH SHETTY3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal was not maintainable due to the monetary limits prescribed by the CBDT circular for appeals with lower tax effect. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against an ITAT order. The assessee raised a preliminary objection regarding the maintainability of the appeal based on a CBDT circular. The Revenue's counsel could not dispute the objection.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the monetary limits stipulated in CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF DECEMBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

I.T.A.No.215/2021

BETWEEN :

1 . THE COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, 4TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560095

2 . THE DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION, CIRCLE-2(1), 4TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA BENGALURU-560095

...APPELLANTS

(BY SRI K.V.ARAVIND, ADV. A/W SRI DILIP M., ADV.)

AND :

M/s HONEYWELL TECHNOLOGY SOLUTIONS LTD., 151/1, BANNERGATTA DORAISANIPALYA BENGALURU-560076 PAN: AAACH4151J

…RESPONDENT

(BY SRI SURYANARAYANA T., SENIOR COUNSEL FOR SMT.MAHIMA GOUD, ADV.)

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THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 05.08.2020 PASSED IN IT(IT)A NO.563/BANG/2017, FOR THE ASSESSMENT YEAR 2012-2013 PRAYING TO 1) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN IT(IT)A NO.563/BANG/2017 DATED 05.08.2020 FOR THE ASSESSMENT YEAR 2012-2013 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED THE ASSISTANT COMMISSIONER OF INCOME TAX, INERNATIONAL TAXATION, CIRCLE-2(1), BENGALURU.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

Learned counsel for the respondent – assessee has filed a memo raising preliminary objection regarding maintainability of the appeal, referring to the Circular No.17/2019 dated 08.08.2019.

2.

Learned counsel for the Revenue could not dispute the same.

3.

In view of the monetary limits prescribed by the Central Board of Direct Taxes vide Circular No.17/2019 referred to above, for lower tax effect, the appeal is not maintainable.

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In the result, appeal stands dismissed, reserving liberty to the Revenue to revive this appeal if the need arises. Sd/- JUDGE

Sd/- JUDGE

NC.

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