THE COMMISSIONER OF INCOME-TAX vs. M/S KARNATAKA POWER TRANSMISSION

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ITA/657/2018HC KarnatakaKAHC01047666201831 October 2019Bench: RAVI MALIMATH,ASHOK S.KINAGI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court accepted the submission regarding the monetary limits. Consequently, the appeal was dismissed as not maintainable.

What were the facts?

The appeal was filed by the Commissioner of Income-Tax and Income Tax Officer against an order of the Income Tax Appellate Tribunal. The appellants' counsel submitted that the appeal was not maintainable due to monetary limits prescribed by a CBDT circular.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the monetary limits stipulated in the CBDT circular.

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

ON THE 31ST DAY OF OCTOBER, 2019

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

INCOME TAX APPEAL NO.657 OF 2018

BETWEEN:

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

2 . THE INCOME TAX OFFICER(OSD)(TDS) LTU, 7TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU-560095 ... APPELLANTS

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

AND:

M/S KARNATAKA POWER TRANSMISSION CORPORATION LTD., CHIEF ENGINEER (ELE)

2 TRANSMISSION ZONE, KPTCL PRASARANA BHAVAN NEAR BUDDA VIHAR CROSS SEDAM ROAD KALABURAGI-585105 ... RESPONDENT

(BY SRI: SHARATH, ADVOCATE FOR SRI: CHYTHANYA K.K., ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 02.05.2018, PASSED IN ITA NO.2298/BANG/2017, FOR THE ASSESSMENT YEAR 2014- 2015, VIDE ANNEXURE-C, PRAYING THIS HON'BLE COURT TO (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.2298/BANG/2017 DATED 02.05.2018 FOR ASSESSMENT YEAR 2014-2015, VIDE ANNEXURE-C AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER (OSD)(TDS), LTU, BENGALURU AND 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 INCOME TAX APPEAL COMING ON HEARING FOR THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

3 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

*bgn/-

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