THE COMMISSIONER OF INCOME-TAX vs. SHRI M GOPALAKRISHNA

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ITA/276/2013HC KarnatakaKAHC01024269201321 September 2016Bench: ARAVIND KUMAR,JAYANT PATEL3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal as not pressed. This was because the Revenue's counsel stated that the monetary limit for High Court appeals had been raised, and the subject matter did not exceed the new limit.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The assessment year in question was 2008-2009.

What were the issues?

Whether the appeal filed by the Revenue should be pressed given the revised monetary limits for appeals set by the CBDT.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF SEPTEMBER 2016

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR ITA NO.276/2013

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX, C.R. BUILDING, QUEENS ROAD, BANGALORE.

2.

THE INCOME-TAX OFFICER WARD – 4(2), C.R. BUILDING, QUEENS ROAD, BANGALORE.

... APPELLANTS

(BY SRI.K.V.ARAVIND, ADV. FOR SRI.KAMALADHAR.G, ADV.)

AND:

SHRI M GOPALAKRISHNA NO.21, 39TH "A" CROSS,

2 11TH MAIN, 4TH "T" BLOCK, JAYANAGAR, BANGALORE – 560 041.

... RESPONDENT

(BY SRI.A.SHANKAR & SRI.M.LAVA, ADVOCATES)

THIS ITA IS FILED UNDER SEC.260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 18/01/2013 PASSED IN ITA NO.325/BANG/2012, FOR THE ASSESSMENT YEAR 2008-2009, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.325/BANG/2012 DATED 18/01/2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-4(2), BANGALORE.

THIS APPEAL COMING ON FOR HEARING THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:

JUDGMENT

When the matter is taken up for hearing, the learned counsel appearing for the Revenue states that as per the Circular dated 10.12.2015 issued by the Central Board of Direct Taxes (‘CBDT’ for short), as the monetary limit for pursuing the appeal is raised from

3 Rs.10,00,000/- (Ten Lakhs) to Rs.20,00,000/- (Twenty lakhs) for the High Court litigation and same would apply to all pending matters and as the subject matter of the present appeal is not exceeding Rs.20 lakhs, he does not press the present appeal. Hence, the appeal shall stand disposed of as not pressed.

Sd/- JUDGE

Sd/- JUDGE

Sk/-

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