PR COMMISSIONER OF INCOME TAX -1 vs. M/S CORNER STONE

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ITA/83/2018HC KarnatakaKAHC01050911201824 October 2019Bench: RAVI MALIMATH,ASHOK S.KINAGI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court accepted the submission of the Revenue's counsel. Consequently, the appeal filed by the Revenue was dismissed on the grounds of not meeting the monetary limits.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The Revenue's counsel submitted that the appeal was not maintainable due to monetary limits prescribed by a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the High Court in light of the monetary limits stipulated by the CBDT 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

ON THE 24TH 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.83 OF 2018

BETWEEN:

1.

PR. COMMISSIONER OF INCOME TAX-1 BMTC COMPLEX, KORMANGALA, BENGALURU.

2.

THE ASSISTANT COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2(2), BENGALURU. ...APPELLANTS

(BY SRI E.I. SANMATHI, ADVOCATE)

AND:

M/S. CORNERSTONE PROPERTIES PRIVATE LIMITED I AND II FLOOR, NO.540, C.M.H. ROAD, INDIRA NAGAR, BENGALURU-560 038. …RESPONDENT

(BY SRI M. LAVA, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.09.2017 PASSED IN C.O.NO.62/BANG/2014, IN ITA NO.1714/BANG/2013, FOR THE ASSESSMENT YEAR 2006- 2007, PRAYING THIS HON'BLE COURT TO DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 08.09.2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BENGALURU AS SOUGHT FOR, IN THE RESPONDENT-ASSESSEE’S CASE, IN APPEAL PROCEEDINGS IN C.O.NO.62/BANG/2014, IN ITA NO.1714/BANG/2013, FOR THE ASSESSMENT YEAR 2006- 2007 AND GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

*****

THIS INCOME TAX APPEAL COMING ON FOR FINAL HEARING 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

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