THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. SRI. SANTOSH B RATTU
What did the High Court hold?
The High Court allowed the department's request to withdraw the appeal. The appeal was dismissed as not pressed in light of the CBDT circular.
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Whether the appeal should be withdrawn by the department based on a CBDT circular regarding the monetary limit for filing appeals.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.100159/2015
BETWEEN
THE PRINCIPAL COMMISSIONER OF
INCOME TAX,
DR. B.R.AMBEDKAR ROAD, BELGAUM.
ITO, WARD-2(1), BELGAUM.
... APPELLANTS.
(BY SRI Y.V.RAVIRAJ, ADVOCATE.)
AND
SRI SANTOSH B. RATTU 217, HINDAWADI, BELGAUM.
... RESPONDENT
(BY SRI H.R.KAMBIYAVAR, ADVOCATE.)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING
- 2 - TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI, IN ITA NO.01/PNJ/2014, DATED 16.6.2015, FOR THE ASSESSMENT YEAR 2006-07 AND RESTORE THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-2(1), BELGAUM, 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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