THE PR. COMMISSIONER OF INCOME TAX vs. M/S. SHRI SIDDESHWAR SOUHARDA SAHAKARI NIYAMITH

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ITA/100034/2017HC KarnatakaKAHC02015687201718 July 2018Bench: B.M.SHYAM PRASAD,G.NARENDAR4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the withdrawal of the appeals as per a departmental circular. The circular permitted withdrawal of appeals where the disputed quantum was less than fifty lakhs.

What were the facts?

The Income Tax Department filed appeals against the orders of the Income Tax Appellate Tribunal. The appeals were filed under Section 260A of the Income Tax Act, 1961.

What were the issues?

The primary issue was whether the appeals should be withdrawn by the department based on a circular concerning the monetary limit for appeals.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.100034/2017 C/W. ITA NO.100035/2017

IN ITA NO.100034/2017 BETWEEN

1.

THE PR.COMMISSIONER OF

INCOME TAX,

DR.B.R.AMBEDKAR ROAD,

BELAGAVI.

2.

INCOME TAX OFFICER,

WARD-1, BAGALKOT. ... APPELLANTS.

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

AND

M/S. SHRI SIDDESHWAR SOUHARDA SAHAKARI NIYAMITH, BELAGI, DIST: BAGALKOT. ... RESPONDENT

(BY SRI H.R.KAMBIYAVAR, ADVOCATE.)

- 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, BENGALURU BENCH “C”, BENGALURU IN ITA NO.1768/BANG/2016, DATED 5.7.2017 AND CONFIRM THE ORDER DATED 22.10.2014 PASSED BY THE INCOME TAX OFFICER, WARD-1, BAGALKOT, ETC.,.

IN ITA NO.100035/2017 BETWEEN

1.

THE PR.COMMISSIONER OF

INCOME TAX,

DR.B.R.AMBEDKAR ROAD,

BELAGAVI.

2.

INCOME TAX OFFICER,

WARD-1, BAGALKOT. ... APPELLANTS.

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

AND

M/S. SHRI SIDDESHWAR SOUHARDA SAHAKARI NIYAMITH, BELAGI, DIST: BAGALKOT. ... RESPONDENT

(BY SRI H.R.KAMBIYAVAR, ADVOCATE.)

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, BENGALURU BENCH “C”, BENGALURU IN ITA NO.1769/BANG/2016, DATED 5.7.2017 AND CONFIRM THE ORDER DATED 22.12.2015 PASSED BY THE INCOME TAX OFFICER, WARD-1, BAGALKOT, ETC.,.

- 3 - THESE APPEALS COMING ON FOR ADMISSION, 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 appeals 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. Memo is taken on record. Accordingly the appeals stand dismissed as not pressed. 4. It is submitted by the learned counsel Sri H.R.Kambiyavar that he has filed vakalat on

- 4 - behalf of the respondent in these appeals. Hence office is directed to show his name as appearing on behalf of the respondent.

Sd/- JUDGE

Sd/- JUDGE

Mrk/-

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