THE COMMISSIONER OF INCOME TAX vs. M/S BANGALORE ELECTRICITY SUPPLY CO LTD

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ITA/334/2013HC KarnatakaKAHC01030657201324 August 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission regarding the tax effect being below the threshold stipulated in Circular No. 17/2019. Consequently, the appeal was dismissed on grounds of maintainability.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The respondent submitted that the tax effect in the appeal was less than ₹1 Crore. The Revenue conceded to this fact.

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 monetary limit prescribed by the revenue's 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 24TH DAY OF AUGUST 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

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

I.T.A. NO.334 OF 2013

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX

C.R. BUILDING, QUEENS ROAD

BANGALORE.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX

CIRCLE-11(2), RASHTROTHANA BHAVAN

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

AND:

M/S. BANGALORE ELECTRICITY SUPPLY CO. LTD., CORPORATE OFFICES, 4TH FLOOR K.R. CIRCLE, BANGALORE-560001. ... RESPONDENT (BY SRI. A. SHANKAR, SR. COUNSEL A/W SRI. M. LAVA, ADV.) - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 08-03-2013 PASSED IN ITA NO.793/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO:

I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE ITAT, BANGALORE IN ITA NO.793/BANG/2012 DATED 08- 03-2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(2), BANGALORE.

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

JUDGMENT

Mr.K.V.Aravind, learned counsel for the revenue. Mr.A.Shankar, learned Senior counsel along with Mr.M.Lava, learned counsel for the respondent.

2.

Learned counsel for the respondent 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.

3.

In view of the aforesaid submission, learned counsel for the appellants fairly submitted that the tax effect is less than `1 Crore and in view of the aforesaid circular, the appeal may not be maintainable.

4.

In view of the aforesaid submissions, the appeal is dismissed.

Sd/- JUDGE

Sd/- JUDGE

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