THE PRINCIPAL COMMISSIONER OF vs. M/S BRITISH ENGINES (INDIA)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 05TH DAY OF NOVEMBER, 2018

BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON'BLE MR. JUSTICE A.S.BELLUNKE

INCOME TAX APPEAL NO.301 OF 2018

BETWEEN:

5TH FLOOR, BMTC BUILDING

80 FEET ROAD, KORMANGALA

BENGALURU – 560 095.

CIRCLE-11(2), PRESENT ADDRESS

CIRCLE-1(1)(2)

2ND FLOOR, BMTC BUILDING

80 FEET ROAD, KORMANGALA

BENGALURU – 560 095.

… APPELLANTS (BY SRI.ARAVIND K.V., ADVOCATE)

AND:

M/S.BRITISH ENGINES (INDIA) PRIVATE LIMITED NO.6A, ATTIBELE INDUSTRIES AREA

BENGALURU – 560 085 PAN: AABCB 5956A

…RESPONDENT

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 06.11.2017 PASSED IN IT(TP)A NO.1454/BANG/2010, FOR THE ASSESSMENT YEAR 2006-07 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN IT(TP)A NO.1454/BANG/2010 DATED 06.11.2017 AND CONFIRM THE ORDER OF THE DRP CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), 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 APPEAL COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned counsel for the appellants submits 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.

In view of dismissal of the main appeal itself, I.A.No.1 of 2018 for condonation of delay of 3 days in filing the appeal does not arise for consideration.

Sd/- Sd/-

JUDGE JUDGE

Prs*