THE PR COMMISSIONER OF INCOME TAX vs. M/S INTERNATIONAL STONES INDIA PVT LTD

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ITA/565/2016HC KarnatakaKAHC01045041201621 March 2017Bench: JAYANT PATEL,N.K.SUDHINDRARAO2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal was not maintainable as the tax effect was less than Rs. 20,00,000/- as per Circular No. 21/2015. Therefore, the appeal was disposed of on this ground.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The tax effect of the appeal was Rs. 18,01,269/-, which was below the threshold limit prescribed by the CBDT circular.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court due to the tax effect being below the prescribed monetary limit.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21st DAY OF MARCH, 2017

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL

AND

THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO

I.T.A. NO.565/2016

BETWEEN :

1.

The Pr. Commissioner of Income-Tax, CIT(A) 5th Floor, BMTC Building 80 Feet Road, Kormangala Bengaluru-560 095.

2.

The Deputy Commissioner of Income-Tax, Circle-11(4), 2nd Floor, BMTC Building, 80 Feet Road, Kormangala Bengaluru-560 095.

… Appellants

(By Sri Dilip, Adv., for Sri K.V. Aravind, Adv.)

AND :

M/s. International Stoners India Pvt. Ltd., No.55/12, Alankar Apartments Flat No.1, 39th Cross, 14th Main, Jayanagar 4th T Block Bengaluru-560 041. PAN: AABCI 1821R

… Respondent

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This ITA is filed under Section 260-A of Income Tax Act, 1961, arising out of order dated 20.01.2016 passed in ITA No.1475/Bang/2014, for the Assessment year 2011-2012, praying to formulate the substantial questions of law stated in the appeal and allow the appeal and set aside the orders passed by the ITAT, Bengaluru in ITA No.1475/Bang/2014 dated 20.1.2016 and confirm the order of the Appellate Commissioner confirming the order passed by the Deputy Commissioner of Income Tax, Circle-11(4), Bengaluru.

This ITA coming on for orders this day the Court made the following:-

J U D G M E N T

The tax effect as per the memorandum of appeal is Rs.18,01,269/- which is less than Rs.20,00,000/-.

Hence, as per the Circular No.21/2015, dated 10.12.2015, the appeal will not be maintainable. Hence, the appeal is disposed of.

Sd/- JUDGE

Sd/- JUDGE

*ck/-

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