THE COMMISSIONER OF INCOME TAX vs. M/S AGNUS HOLDINS PVT LTD

PDF · subscribers
ITA/380/2013HC KarnatakaKAHC01031261201301 October 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal, granting the Revenue liberty to revive it if the matter falls within the exceptions of the relevant CBDT circular.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The assessee's counsel pointed out that the tax effect was below the threshold specified in a CBDT circular, making the appeal potentially non-maintainable.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the tax effect and the applicability of a CBDT circular.

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 1ST DAY OF OCTOBER 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

I.T.A. NO.380 OF 2013

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX

C.R. BUILDING, QUEENS ROAD

BANGALORE.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX

CIRCLE-11(1), RASHTROTHANA BHAVAN

NRUPATHUNGA ROAD, BANGALORE. ... APPELLANTS (BY Mr. K.V. ARAVIND, ADV.,)

AND:

M/S. AGNUS HOLDINGS PVT. LTD., STAR II, OPP: IIMB, BILEKAHALLI BANNERGHATTA MAIN ROAD BANGALORE-560076. ... RESPONDENT (BY Ms. PRATHIBHA R, ADV., FOR Mr. S. PARTHASARATHI, ADV.,)

- - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 28-03-2013

PASSED IN ITA NO.941/BANG/2011, FOR THE ASSESSMENT YEAR 2007-08, PRAYING 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.941/BANG/2011 DATED 28-03-2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE.

THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.K.V.Aravind, learned counsel for the revenue. Smt.Prathiba R., learned counsel for Mr.S.Parthasarathi, learned counsel for the assessee.

2.

Learned counsel for the assessee submits that the tax effect in this appeal is less than `1 Crore and therefore, the appeal may not be maintainable in view of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes.

3.

On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the

appeal in case the matter falls within the exceptions under the aforesaid Circular dated 08.08.2019.

4.

In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue.

Sd/- JUDGE

Sd/- JUDGE

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →