THE COMMISSIONER OF INCOME TAX vs. M/S CANARA BANK

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ITA/556/2018HC KarnatakaKAHC01047329201831 October 2019Bench: RAVI MALIMATH,ASHOK S.KINAGI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal as not maintainable. This was based on a submission by the appellants' counsel regarding monetary limits prescribed by a CBDT circular.

What were the facts?

The Commissioner of Income Tax filed an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was filed under Section 260-A of the Income Tax Act.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court due to prescribed monetary limits for such appeals.

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

ON THE 31ST DAY OF OCTOBER 2019

BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

ITA NO.556 OF 2018

BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX LTU 7TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560095

2.

THE JOINT COMMISSIONER OF INCOME TAX LTU 7TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560095 ...APPELLANTS

(BY SRI DILIP, ADVOCATE FOR SRI K.V.ARAVIND, ADVOCATE)

AND:

M/S CANARA BANK BSCA SECTION, HEAD OFFICE J C ROAD BENGALURU-560002 PAN:AAACC 6106G …RESPONDENT

THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED:23/03/2018 PASSED IN ITA.NO.865/BANG/2017, FOR THE ASSESSMENT YEAR 2012-2013, PRAYING TO :1)FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.865/BANG/2017 DATED:23/03/2018 FOR ASSESSMENT YEAR 2012- 2013 ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE JOINT COMMISSIONER OF INCOME TAX, LTU, BENGALURU AND 3) TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS ITA COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned counsel for the appellants submit that the appeal is not maintainable in view of the monetary limits in terms of Circular No.17 of 2019 dated 08.08.2019 passed by Director (ITJ), Central Board Direct Taxes, New Delhi.

2.

In view of the submission made, the appeal is dismissed as such.

Sd/-

Sd/-

JUDGE

JUDGE

JT/-

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