THE COMMISSIONER OF INCOME TAX vs. M/S RESIL CHEMICALS PVT LTD

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ITA/130/2015HC KarnatakaKAHC01026101201529 November 2018Bench: RAVI MALIMATH,K.NATARAJAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeals as not maintainable. This was based on the submission made by the appellants' counsel regarding monetary limits and a circular from the Central Board of Direct Taxes.

What were the facts?

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

What were the issues?

The primary issue was the maintainability of the appeals before the High Court due to monetary limits and departmental circulars.

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 29TH DAY OF NOVEMBER, 2018

BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON'BLE MR. JUSTICE K. NATARAJAN

INCOME TAX APPEAL NO.130 OF 2015 CONNECTED WITH INCOME TAX APPEAL NO.131 OF 2015

BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX C.R. BUILDINGS, QUEENS ROAD, BANGALORE.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE. ... APPELLANTS (COMMON)

(BY SRI K.V. ARAVIND, ADVOCATE)

AND:

M/S. RESIL CHEMICALS PVT. LTD. UNIT NO.30, BCIE, OLD MADRAS ROAD, BANGALORE. ... RESPONDENT(COMMON)

(BY SRI CHYTHANYA K.K., ADVOCATE)

THESE INCOME TAX APPEALS ARE FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, PRAYING 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 31-10-2014 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, BANGALORE, IN I.T.A. NO.514/BANG/2013 FOR THE ASSESSMENT YEAR 2009-10 AND IN I.T.A. NO.1578/BANG/2013 FOR THE ASSESSMENT YEAR 2010-11 RESPECTIVELY.

THESE INCOME TAX APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:

J U D G M E N T

The learned counsel for the appellants submits that these appeals are not maintainable in view of the monetary limits and also in terms of Circular No.3 of 2018, dated 11-7-2018, passed by the Director (ITJ), Central Board of Direct Taxes, New Delhi.

In view of the submission made, the appeals are dismissed as such.

SD/-

SD/- JUDGE

JUDGE

kvk

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