THE COMMISSIONER OF INCOME TAX vs. M/S. ASEA BROWN BOVERI LTD

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ITA/365/2010HC KarnatakaKAHC01068177201014 November 2018Bench: RAVI MALIMATH,K.NATARAJAN4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission by the Revenue's counsel regarding the appeals not being maintainable due to monetary limits and a CBDT circular. Consequently, the appeals were dismissed.

What were the facts?

The Revenue filed appeals before the High Court against orders passed by the ITAT. The appeals were filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

The primary issue was the maintainability of the appeals before the High Court based on monetary limits and CBDT 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 14TH DAY OF NOVEMBER, 2018 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH

AND THE HON’BLE MR. JUSTICE K.NATARAJAN INCOME TAX APPEAL No.365 OF 2010 CONNECTED WITH INCOME TAX APPEAL No.181 OF 2011 AND INCOME TAX APPEAL Nos.28-29 OF 2012

INCOME TAX APPEAL No.365 of 2010

BETWEEN:

1.

THE COMMISSIONER OF

INCOME TAX

C.R.BUILDING, QUEENS ROAD BENGALURU

2.

THE DEPUTY COMMISSIONER OF INCOME TAX SPECIAL RANGE – 1 MUMBAI ... APPELLANTS (BY SRI: K.V.ARAVIND, ADVOCATE)

AND:

M/S. ASEA BROWN BOVERI LTD 22A, SHAH INDUSTRIAL ESTATE OFF VEERA DESAI ROAD ANDHERI MUMBAI – 400 053 ... RESPONDENT

(BY SRI: T.SURYANARAYANA, ADVOCATE) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 13.05.2010 PASSED IN ITA NO.7434/Mum/2002, FOR THE ASSESSMENT YEAR 1988- 89, PRAYING TO I)FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II)ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BENGALURU IN ITA NO.7434/Mum/2002 DATED 13.05.2010 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, SPECIAL RANGE – 1, MUMBAI, IN THE INTEREST OF JUSTICE AND EQUITY.

INCOME TAX APPEAL Nos.181 of 2011 AND 28-29 of 2012

BETWEEN:

1.

THE COMMISSIONER OF

INCOME TAX, LTU

C.R.BUILDING, QUEENS ROAD BENGALURU

2.

THE DEPUTY COMMISSIONER OF INCOME TAX SPECIAL RANGE – 1 MUMBAI ... APPELLANTS (BY SRI: K.V.ARAVIND, ADVOCATE)

AND:

M/S. ABB LIMITED KHANIJA BHAVAN 49, RACE COURSE ROAD II FLOOR, EAST WING BENGALURU – 560 001 ... RESPONDENT

(BY SRI: T.SURYANARAYANA, ADVOCATE)

THESE INCOME TAX APPEALS ARE FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 25.01.2011 PASSED IN MP NO.52/Bang/2010, FOR THE ASSESSMENT YEAR 1987-88, PRAYING TO I)FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II)ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BENGALURU IN MP NO.52/Bang/2010 (IN ITA NO.169/Mum/2003) DATED 25.01.2011 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, SPECIAL RANGE – 1, MUMBAI, IN THE INTEREST OF JUSTICE AND EQUITY.

*****

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

J U D G M E N T

The learned counsel for the appellants-Revenue submits that the appeals are 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.

2.

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

SD/-

SD/- JUDGE JUDGE

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