THE COMMISSIONER OF INCOME TAX vs. SHRI ALAMPALLI SATHYANARAYANA

PDF · subscribers
ITA/164/2014HC KarnatakaKAHC01017587201410 September 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal with liberty to the revenue to revive it if the tax effect is indeed above Rs. 1 Crore. This was based on conflicting submissions regarding the tax effect.

What were the facts?

The revenue filed an appeal before the High Court against an ITAT order. The assessee's counsel argued that the tax effect was below the threshold for maintainability as per a CBDT circular. The revenue contended the tax effect was above the threshold.

What were the issues?

The primary issue was the maintainability of the appeal based on the tax effect, as per CBDT circulars. There was a dispute regarding the actual tax effect in the appeal.

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 10TH DAY OF SEPTEMBER 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

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

I.T.A. NO.164 OF 2014

BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX

C.R. BUILDING, QUEENS ROAD

BANGALORE.

2.

THE INCOME-TAX OFFICER

WARD-5(2), UNITY BUILDING ANNEXE

MISSION ROAD, BANGALORE-560027. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.)

AND:

SHRI. ALAMPALLI SATHYANARAYANA C/O M/S. VISHNU BHARAT & CO., CA NO.7/8, 2ND FLOOR SHOUKATH BUILDING 6, MITTAL TOWERS, SJP ROAD BANGALORE-560005. ... 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 12-11-2013 PASSED IN ITA NO.21/BANG/2013, FOR THE ASSESSMENT YEAR 2009-10, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.21/BANG/2013 DATED 12-11-2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-5(2), 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. Mr.A.Shankar, learned Senior counsel for Mr.M.Lava, learned counsel for the respondent.

2.

Learned counsel for the assessee submits that the tax effect in the instant appeal is Rs.98,05,604/- which is less than Rs.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 has asserted that as per the instructions received by him, the tax impact in the instant appeal is Rs.1,01,77,878/-.

4.

In view of the aforesaid submissions, the appeal is disposed of with liberty to the revenue to revive this appeal in case the tax effect is more than Rs.1 Crore.

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 →