THE DIRECTOR OF INCOME TAX vs. M/S. ANZ OPERATIONS AND TECHNOLOGY PVT. LTD.,

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ITA/355/2011HC KarnatakaKAHC01082318201115 July 2020Bench: ALOK ARADHE,S.R.KRISHNA KUMAR3 pages
AI SummaryAllowed

What did the High Court hold?

The High Court allowed the Revenue to withdraw the appeal. This was based on a circular regarding appeals with a tax effect below a certain threshold.

What were the facts?

The Revenue filed an appeal before the High Court against an order of the ITAT. The tax effect in the appeal was less than ₹1 Crore.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn due to low tax effect as per the prevailing circular.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 15TH DAY OF JULY 2020

PRESENT

THE HON’BLE MR. JUSTICE ALOK ARADHE

AND

THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR

I.T.A. NO.355 OF 2011

BETWEEN:

1.

THE DIRECTOR OF INCOME-TAX (INTERNATIONAL TAXATION) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE-560001.

2.

THE DEPUTY DIRECTOR OF INCOME-TAX INTERNATIONAL TAXATION CIRCLE-1(1), RASHTROTHANA BHAVAN NRUPATHUNGA ROAD, BANGALORE. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.)

AND:

M/S. ANZ OPERATIONS AND TECHNOLOGY PVT. LTD., EMBASSY GOLF LINKS BUSINESS PARK OFF. INTERMEDIATE RING ROAD BANGALORE-560071. ... RESPONDENT (BY MS. TANMAYEE RAJKUMAR, FOR SRI. T. SURYANARAYANA, ADV.) - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 28.4.2011 PASSED IN ITA NO.480/BANG/2010, FOR THE ASSESSMENT YEAR 2007-08, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.480/BANG/2010 DATED 28-4-2011 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(1), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

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. Ms.Tanmayee Rajkumar, learned counsel for Sri.T.Suryanarayana, learned counsel for the respondent.

2.

Learned counsel for the revenue submits that the tax effect in this appeal is less than `1 Crore and therefore, he be granted liberty to withdraw the same in view of the Circular No.17/2019 dated 08.08.2019, without prejudice to revenue’s right to raise the issues involved in this appeal.

3.

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

Sd/- JUDGE

Sd/- JUDGE

Mds/-

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