PRINCIPAL COMMISSIONER OF vs. SRI. H.S. ABDUL HAFEEZ

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ITA/507/2017HC KarnatakaKAHC01051771201705 November 2018Bench: RAVI MALIMATH,BELLUNKE A.S3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court accepted the submission made by the Revenue's counsel. Consequently, the appeal filed by the Revenue was dismissed.

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 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 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.507 OF 2017

BETWEEN:

1.

PRINCIPAL COMMISSIONER OF INCOME TAX-6

BMTC COMPLEX

KORMANGALA

BENGALURU.

2.

ASSISTANT COMMISSIONER OF INCOME-TAX

CENTRAL CIRCLE-1(2)

BENGALURU.

… APPELLANTS

(BY SRI.JEEVAN J.NEERALGI, ADVOCATE FOR SRI.E.I.SANMATHI, ADVOCATE)

AND:

SRI.H.S.ABDUL HAFEEZ SAYEED PROPRIETOR: M/S.ORIENTAL GRANITES NO.6410, A-1-HABEED SHANKARMUTT ROAD

HASSAN PAN: AELPS 6817 A

…RESPONDENT

THIS APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 13.01.2017 PASSED IN ITA NO.43/BANG/2014, FOR THE ASSESSMENT YEAR 2008-09, 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 ORDER DATED 13.01.2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BENGALURU AS SOUGHT FOR, IN THE RESPONDENT-ASSESSEE’S CASE, IN APPEAL PROCEEDINGS IN ITA NO.43/BANG/2014 FOR ASSESSMENT YEAR 2008-09 AND GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

*****

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.

2.

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

Sd/- Sd/-

JUDGE JUDGE

Prs*

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