THE PRINCIPAL COMMISSIONER vs. SHRI.MALLANAGOUDA
What did the High Court hold?
The High Court allowed the withdrawal of the appeal as per the departmental circular. The appeal was dismissed as not pressed.
What were the facts?
The Income Tax Department filed an appeal before the High Court against an ITAT order. The Department sought to withdraw the appeal based on a circular issued by the CBDT.
What were the issues?
Whether the appeal filed by the department should be withdrawn based on a CBDT circular regarding monetary limits for filing appeals.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?
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.100050/2016
BETWEEN
THE PRINCIPAL COMMISSIONER OF
INCOME TAX,
DR. B.R.AMBEDKAR VEEDHI, BELAGAVI.
THE INCOME TAX OFFICER, WARD-1, BAGALKOT.
... APPELLANTS.
(BY SRI Y.V.RAVIRAJ, ADVOCATE.)
AND
SHRI MALLANGOUDA S. NAGANGOUDAR WARD NO.2, MAIN ROAD, NEAR SBI DIST: BAGALKOT.
... RESPONDENT
(BY SRI A.SHANKAR & S.S.HEGDE, ADVOCATES.)
- 2 - THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE, “A” BENCH, BANGALORE, IN ITA NO.1120/BANG/2015, DATED 30.12.2015 AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1, BAGALKOT, ETC.,. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, SRI G.NARENDAR, J, DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants. 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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