PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. M/S KONTOOR BRANDS INDIA PVT LTD

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ITA/442/2019HC KarnatakaKAHC01020781201916 January 2020Bench: ALOK ARADHE,RAVI V HOSMANI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Karnataka held that it did not possess the appellate or supervisory jurisdiction to examine the correctness of the ITAT's order. Therefore, the appeal was not maintainable before this court.

What were the facts?

The Revenue filed an appeal before the High Court of Karnataka against an order passed by the Income Tax Appellate Tribunal (ITAT) in Ahmedabad. Both the appellants (Revenue) and the respondent (assessee) were based in Ahmedabad.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court of Karnataka when the ITAT order and parties were from Ahmedabad. The court also considered its own jurisdictional limitations.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF JANUARY 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

ITA NO. 442 OF 2019

BETWEEN:

1.

PRINCIPAL COMMISSIONER OF INCOME TAX-4, BMTC COMPLEX, KORAMANGALA BENGALURU

2.

DEPUTY COMMISSIONER OF INCOME TAX (OSD), CIRCLE - 8 AHMEDABAD ...APPELLANTS (BY SRI.SANMATHI E.I, ADVOCATE)

AND: M/S KONTOOR BRANDS INDIA PVT LTD (FORMERLY KNWON AS M/S V.F ARVIND BRANDS PVT LTD) ARVIND MILLS PREMISES NARODA ROAD, AHMEDABAD - 380025 PAN: AACCV2727L …RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF

2 LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED:01.01.2019 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, AHMEDABAD, IN APPEAL PROCEEDINGS NO.ITA NO.1904/AHD/ 2013(ANNEXURE-A) FOR THE ASSESSMENT YEAR 2008- 2009 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Registry has raised following objection: “ 1. How the above ITA is maintainable at High court of Karnataka, Bengaluru when the impugned order in ITA No.1904/Ahd/2013 dated: 01/01/2019 passed by Income Tax Appellate Tribunal at Ahmedabad and also both appellants and respondent belongs to Ahmedabad, to be clarified.

2.

Revenue has called in question order dated 01.01.2019 passed by the Income Tax Appellate Tribunal ‘A’ Bench, Ahmedabad, in appeal proceedings No. ITA No.1904/ Ahd/2013 (Annexure-A) for the assessment year 2008-2009, (for short ‘ITAT’). As this Court does not possess appellate jurisdiction as well as supervisory jurisdiction, examining the

3 correctness and legality of the order passed by ITAT does not arise.

3.

Office objection is sustained. Appeal is held as not maintainable and accordingly dismissed as not maintainable. Registry is directed to return the certified copy of order passed by ITAT on same being substituted by photocopy and appellants would be at liberty to file fresh appeal before the jurisdictional High Court within an outer limit of eight (8) weeks from today. It is made clear that time spent by the appellants before this Court from the date of filing of this appeal i.e., 19.07.2019 till date of filing of appeal before the jurisdictional High Court, shall stand excluded for the purposes of limitation.

Sd/- JUDGE

Sd/-

JUDGE

Psg*

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