THE COMMISSIONER OF INCOME TAX vs. KITTUR RANI CHANNAMMA

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ITA/713/2015HC KarnatakaKAHC02015262201518 July 2018Bench: B.M.SHYAM PRASAD,G.NARENDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court took the memo on record and allowed the withdrawal of the appeal. The appeal was dismissed as not pressed.

What were the facts?

The Income Tax Department filed an appeal before the High Court against an order of the ITAT. The department sought to withdraw the appeal based on a circular issued by the CBDT.

What were the issues?

The primary issue was whether the appeal filed by the department should be withdrawn based on a CBDT circular regarding monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 260A,Section 268A

AI-generated summary — verify with the full judgment below

- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18 TH DAY OF JULY 2018 PRESENT THE HON’BLE MR. JUSTICE G.NARENDAR AND THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD

ITA NO.713/2015

BETWEEN

1.

THE COMMISSIONER OF

INCOME TAX, (EXEMPTIONS)

C.R.BUILDING, QUEENS ROAD, BENGALURU-560001.

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BELAGAVI.

... APPELLANTS.

(BY SRI Y.V.RAVIRAJ, ADVOCATE.)

AND

KITTUR RANI CHANNAMMA MEMORIAL COMMITTEE & KRCRS SCHOOL FOR GIRLS, KITTUR, TQ: BAILHONGAL, DIST: BELAGAVI.

... RESPONDENT

(BY SRI SANGRAM KULKARNI, ADVOCATE.)

- 2 - THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE APPELLATE ORDER DATED 12.6.2015 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI, AS SOUGHT FOR IN THE RESPONDENT-ASSESSEE’S CASE IN APPEAL PROCEEDINGS IN ITA NO.417/PNJ/2013 FOR A.Y.2007-08, ETC.,. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, SRI G.NARENDAR, J, DELIVERED THE FOLLOWING:

JUDGMENT

Heard the learned counsel for the appellant. 2. Learned counsel for the appellants files a memo in the Court dated 18.7.2018 whereby placing reliance on the Circular No.3/2018, dated 11th July 2018, the appellant department desires to withdraw the appeal in the light of the fact that quantum of the disputed facts is less than fifty lakhs and that the circular is issued in terms of section 268A of the Income Tax Act, 1961 and directed withdrawal of such appeals. Copy of circular No.3/2018 is also placed before the Court.

- 3 - 3. Memo is taken on record. Accordingly the appeal stands dismissed as not pressed.

Sd/- JUDGE

Sd/- JUDGE

Mrk/-

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