PR COMMISSIONER OF vs. M/S KARNATAKA STATE

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ITA/558/2015HC KarnatakaKAHC01051710201526 September 2019Bench: ASHOK S.KINAGI,L.NARAYANA SWAMY4 pages
AI SummaryAllowed

What did the High Court hold?

The High Court permitted the appellant (Revenue) to withdraw the appeal. Liberty was granted to seek revival if the matter falls under exceptions mentioned in a previous circular.

What were the facts?

The Revenue filed an appeal before the High Court. The Revenue's counsel brought to the court's notice a circular enhancing the monetary limit for filing appeals. The counsel submitted that the appeal might not be maintainable due to this revised limit.

What were the issues?

The primary issue was the maintainability of the appeal in light of revised monetary limits for filing appeals by the Revenue, as per a 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 DATED THIS THE 26TH DAY OF SEPTEMBER, 2019 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE ASHOK S. KINAGI

INCOME TAX APPEAL NO.558/2015 BETWEEN:

1.

PR. COMMISSIONER OF INCOME TAX, C.R. BUILDINGS, QUEENS ROAD, BANGALORE-560 001.

2.

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), BANGALORE.

... APPELLANTS

(BY SRI.E.I.SANMATHI, ADV. )

AND:

M/S.KARNATAKA STATE CO-OP APEX BANK LTD, UTHUNGA NO.1, PAMPA MAHAKAVI ROAD, CHAMRAJPET, BANGALROE - 560 018. PAN:AABAT0269J.

... RESPONDENT

THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER

DATED:20/02/2015 PASSED IN ITA NO.891/BANG/2013, FOR THE ASSESSMENT YEAR 2009-2010. PRAYING TO: 1. 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 2. SET ASIDE THE APPELLATE ORDER DATED:20/02/2015 PASSED BY THE ITAT, 'A' BENCH, BENGALURU, IN APPEAL PROCEEDINGS NO. ITA NO.891/BANG/2013 FOR ASSESSMENT YEAR 2009-2010 AND ETC.,.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:

J U D G M E N T The learned counsel for the appellant-Revenue brings to the notice of this Court a Circular bearing No.17 of 2019 dated 08th August, 2019 wherein the further enhancement of monetary limit for filing of appeals by the Departments before the Income- Tax Appellate Tribunals, High Courts and Special Leave Petitions/Appeals before the Supreme Court stands amended, and by the said amendment the earlier monetary limit of Rs.50,00,000/- (Rupees fifty lakh) has not been raised to Rs.1,00,00,000/- (Rupees one crore). The earlier monetary limit was prescribed as per Circular No.3 of 2018 dated 11th July, 2018. In the light of the same, the learned counsel submits that the appeal is not maintainable and in view of the Circular, the

appeal may be permitted to be withdrawn. Further, the learned counsel would also draw the attention of this Court to Clause 10 of the Circular No.3 of 2018 dated 11th July, 2018 wherein certain exceptions are carved out. The learned counsel submits that at the present stage it may not be possible for him to submit whether the matter falls under any of the exceptions. Therefore, it is prayed that liberty may be reserved to the appellants to move this Court, if it is found that the matter falls within the exception carved out in Clause 10 of Circular bearing Number 3 of 2018.

2.

On the query of the Court as to whether the Circular is applicable to pending matters, the learned counsel draws the attention of this Court to the communication dated 20th August, 2019 made by the Central Board of Direct Taxation to all the Chief Commissioners of Income Tax clarifying at paragraph No.3 that the monetary limit prescribed in Circular No.17 of 2019 is applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References.

3.

In view of the above, we permit the appellant to withdraw the appeal for the reasons stated above. Liberty is also granted to the appellant to seek revival of this appeal, if it is found that the matter falls within the exception carved out in Clause 10 of Circular bearing No.3 of 2018.

Sd/- JUDGE

Sd/- JUDGE lnn

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