THE COMMISSIONER OF INCOME TAX vs. SHRI B Y VIJAYENDRA

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ITA/156/2015HC KarnatakaKAHC01017645201502 June 2016Bench: JAYANT PATEL,B.SREENIVASE GOWDA3 pages
AI SummaryDismissed

What did the High Court hold?

The Revenue's counsel stated that in view of a government circular, as the tax effect was less than Rs. 20,00,000, the appeal should not be pressed. The High Court accepted this submission.

What were the facts?

The Revenue preferred an appeal before the High Court against an order of the Income Tax Appellate Tribunal. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

What were the issues?

Whether the appeal filed by the Revenue should be pressed given the low tax effect, as per a government circular.

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 2ND DAY OF JUNE, 2016

PRESENT

THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.156/2015

BETWEEN:

THE COMMISSIONER OF INCOME TAX, DAVANAGERE. ... APPELLANT

(By SRI. JEEVAN J. NEERALGI, ADV. AND SRI. E. I. SANMATHI, ADV.)

AND:

SHRI. B. Y. VIJAYENDRA, NO. 381, DAVALAGIRI II MAIN, 6TH CROSS, RMV EXTENSION, 80 FEET ROAD, BANGALORE - 560 094. ... RESPONDENT

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

2 THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED:28/11/2014 PASSED IN ITA NO.363/BANG/2013, FOR THE ASSESSMENT YEAR 2008-09.

THIS ITA COMING ON FOR ADMISSION THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:

J U D G M E N T

The appellant/Revenue has preferred the present appeal on the substantial questions of law mentioned in the memorandum of appeal.

2.

However, when we have taken up the matter Sri. Jeevan J. Neeralgi, learned counsel appearing for Sri. E.I. Sanmathi, learned counsel for the appellant states that in view of the Circular dated 10.12.2015 issued by Government of India, as the tax effect is less than Rs.20,00,000/-, the present appeal does not deserves to be pressed.

Hence, the appeal stands disposed of accordingly.

SD/- JUDGE

SD/- JUDGE

PMR/-

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