COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. M/S BANGALORE BAPTIST
What did the High Court hold?
The High Court dismissed the appeals as not maintainable. This decision was based on a previous order by a Coordinate Bench that had dismissed a similar appeal due to monetary limits fixed by a circular.
What were the facts?
The appeals were filed by the revenue against the orders of the Income Tax Appellate Tribunal (ITAT) concerning Wealth Tax for assessment years 2005-06 to 2007-08. The revenue sought to set aside the ITAT's appellate orders.
What were the issues?
The primary issue was the maintainability of the appeals before the High Court, specifically in light of monetary limits prescribed by administrative circulars for filing appeals.
Which sections of the Income-tax Act were involved?
Section 27-A
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2020 PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR AND THE HON'BLE MR. JUSTICE E.S.INDIRESH WEALTH TAX APPEAL No.1 OF 2016 C/W WEALTH TAX APPEAL No.2 OF 2016 C/W WEALTH TAX APPEAL No.3 OF 2016
IN WEALTH TAX APPEAL No.1 OF 2016: BETWEEN:
PR. COMMISSIONER OF
INCOME TAX, BMTC COMPLEX,
KORAMANGALA,
BENGALURU.
THE ASSISTANT COMMISSIONER
OF WEALTH TAX, CIRCLE 6(1),
BENGALURU.
... APPELLANTS (BY SMT.E.I.SANMATHI, ADVOCATE)
2 AND:
SRI.M.R.PATTABHIRAM (HUF) GOKULA HOUSE, GOKULA, GOKULA, MATHIKERE, BENGALURU – 560 054.
... RESPONDENT
(BY SRI.A.SHANKAR, SR.COUNSEL FOR SRI.M.LAVA, ADVOCATE)
THIS WTA IS FILED UNDER SECTION 27-A OF WEALTH TAX ACT 1957, ARISING OUT OF ORDER DATED 16.10.2015 PASSED IN WTA NO.34/BANG/2014, FOR THE ASSESSMENT YEAR 2005-06 TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPEALLATE ORDER DATED:16.10.2015 PASSED BY THE ITAT, ‘B’ BENCH, BENGALURU, IN APPEAL PROCEEDINGS IN WEALTH TAX APPEAL NO.34/BANG/2014 FOR ASSESSMENT YEAR 2005-06 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN WEALTH TAX APPEAL No.2 OF 2016: BETWEEN:
PR. COMMISSIONER OF
INCOME TAX, BMTC COMPLEX,
KORAMANGALA,
BENGALURU.
THE ASSISTANT COMMISSIONER
OF WEALTH TAX, CIRCLE 6(1),
BENGALURU.
... APPELLANTS (BY SMT.SANMATI, ADVOCATE)
AND:
SRI.M.R.PATTABHIRAM (HUF) GOKULA HOUSE, GOKULA, GOKULA, MATHIKERE, BENGALURU – 560 054.
... RESPONDENT
(BY SRI SHANKAR, SR.COUNSEL FOR SRI M.LAVA, ADVOCATE)
THIS WTA IS FILED UNDER SECTION 27-A OF WEALTH TAX ACT 1957, ARISING OUT OF ORDER DATED 16.10.2015 PASSED IN WTA NO.35/BANG/2014, FOR THE ASSESSMENT YEAR 2006-07 TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPEALLATE ORDER DATED:16.10.2015 PASSED BY THE ITAT, ‘B’ BENCH, BENGALURU, IN APPEAL PROCEEDINGS IN WEALTH TAX APPEAL NO.35/BANG/2014 FOR ASSESSMENT YEAR 2006-07 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE AND EQUITY.
4 IN WEALTH TAX APPEAL No.3 OF 2016: BETWEEN:
PR. COMMISSIONER OF
INCOME TAX, BMTC COMPLEX,
KORAMANGALA,
BENGALURU.
THE ASSISTANT COMMISSIONER
OF WEALTH TAX, CIRCLE 6(1),
BENGALURU.
... APPELLANTS (BY SMT.SANMATI, ADVOCATE)
AND:
SRI.M.R.PATTABHIRAM (HUF) GOKULA HOUSE, GOKULA, GOKULA, MATHIKERE, BENGALURU – 560 054.
... RESPONDENT
(BY SRI SHANKAR, SR.COUNSEL FOR SRI M.LAVA, ADVOCATE)
THIS WTA IS FILED UNDER SECTION 27-A OF WEALTH TAX ACT 1957, ARISING OUT OF ORDER DATED 16.10.2015 PASSED IN WTA NO.36/BANG/2014, FOR THE ASSESSMENT YEAR 2007-08 TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPEALLATE
5 ORDER DATED:16.10.2015 PASSED BY THE ITAT, ‘B’ BENCH, BENGALURU, IN APPEAL PROCEEDINGS IN WEALTH TAX APPEAL NO.36/BANG/2014 FOR ASSESSMENT YEAR 2007-08 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE WTA’s COMING ON FOR HEARING, THIS DAY, ARAVIND KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is directed against the order dated 16.10.2015 passed by the Income Tax Appellate Tribunal in WTA No.34/Bang/2014. Said order is a common order passed in WTA Nos.35-36 /Bang/2014.
Under similar circumstances, Coordinate Bench in WTA No.26/2017 by order dated 24.10.2019 dismissed the said appeal on monetary limits fixed in terms of Circular No.17/2019 dated 08.08.2019.
6 3. Hence, these appeals stands dismissed as not maintainable in the light of order dated 24.10.2019 passed in WTA No.26/2017.
All pending interlocutory applications, if any, shall stand consigned to records.
SD/- JUDGE
SD/- JUDGE
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