THE PR COMMISSIONER OF INCOME TAX, vs. SHRI SRINIVAS RAO HOSKOTE

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ITA/467/2018HC KarnatakaKAHC01042433201804 December 2018Bench: RAVI MALIMATH,K.NATARAJAN3 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 as not maintainable.

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 and a CBDT circular.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on monetary limits and the applicability of a 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 4TH DAY OF DECEMBER, 2018

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON’BLE MR.JUSTICE K.NATARAJAN

INCOME TAX APPEAL NO.467 OF 2018

BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALRUU - 560095

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 2 (3) (1) 2ND FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU - 560095 ... APPELLANTS

(BY SRI:K V ARAVIND, ADVOCATE)

AND:

SHRI.SRINIVAS RAO HOSKOTE NO.4 OF 7, 3RD FLOOR SIDDA ENCLAVE, NEHRUNAGAR 1ST MAIN ROAD, SESHADRIPURAM BENGALURU -560020 PAN: AAEPH 8477J ... RESPONDENT

2 THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 21.02.2018 PASSED IN INCOME TAX APPEAL NO.1155/BANG/2015, FOR THE ASSESSMENT YEAR 2011- 2012, PRAYING THIS HON'BLE COURT TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN INCOME TAX APPEAL NO.1155/BANG/2015 DATED 21.02.2018 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(3)(1), 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 FOR ORDERS 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 and also in terms of Circular No.3 of 2018 dated 11.07.2018 passed by Director (ITJ), Central Board Direct Taxes, New Delhi.

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

SD/- SD/- JUDGE

JUDGE

*bgn/-

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