COMMISSIONER OF INCOME TAX vs. L.M.WIND POWER BLADES

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ITA/258/2015HC KarnatakaKAHC01034832201501 February 2016Bench: S.SUJATHA,N.K.PATIL3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal as not maintainable. This was based on a CBDT circular regarding appeals involving amounts less than Rs. 20 Lakhs.

What were the facts?

The Revenue filed an appeal against an ITAT order that annulled a re-assessment order. The ITAT had held that the notice under Section 148 was not served on the assessee.

What were the issues?

Whether the ITAT was justified in annulling the re-assessment order due to non-service of notice under Section 148, and if Section 292BB precludes the assessee from raising this contention upon appearance.

Which sections of the Income-tax Act were involved?

Section 148,Section 292BB

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF FEBRUARY, 2016

:PRESENT: THE HON’BLE MR.JUSTICE N.K. PATIL

AND

THE HON’BLE MRS.JUSTICE S. SUJATHA

I.T.A.NO. 258 OF 2015 Between:

1.

Commissioner of Income Tax, C.R. Building, Bangalore.

2.

Assistant Commissioner of Income Tax, Central Circle 11(5), Bangalore. …Appellants (By Sri. E.I. Sanmathi, Advocate)

And :

L.M. Wind Power Blades (India) Private Ltd., (Formerly known as L.M. Glass Fiber (India) Pvt. Ltd., ) Nelmangala Taluk, Dobaspet, No.85, KIADB, Industrial Area, Bangalore District, PAN: AAACL3093R

…Respondent *** This ITA is filed U/s. 260A of the Income Tax Act, 1961, praying to formulate the substantial question of law, allow the appeal and set aside the order passed by the Income Tax Appellate Tribunal, ‘B’ Bench, Bangalore, in ITA

No.1091/Bang/2010 dated 09/01/2015, for the assessment year 2000-2001.

This ITA coming on for Orders, this day, N.K.PATIL J., delivered the following: :J U D G M E N T:

This appeal by the Revenue is arising out of the impugned order dated 09/01/2015, passed in ITA No. 1091/Bang/2010, by the Income Tax Appellate Tribunal, ‘B’ Bench, Bangalore, for considering the following substantial question of law: “Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in annulling the re-assessment order by holding that the notice under Section 148 dated 19/09/2005 is not served on assessee without appreciating the fact that as could be seen from the records, the notice was not only issued but also served on assessee and as per section 292BB, the assessee is precluded from taking such contention when he has appeared and contested the case?”

2.

We have heard the learned counsel appearing for appellants. 3. During the course of submission, learned counsel appearing for appellants submitted, that in

the light of the Circular dated 10th December 2015 bearing No.21/2015 issued by the Central Board of Direct Taxes, since the subject matter involved in this case is less than Rs.20/- Lakhs, the appeal may be disposed of as not maintainable. 4. The above submission made by learned counsel for the appellants is placed on record. 5. In view of the submission made by learned counsel appearing for appellants and in the light of the Circular dated 10th December 2015 bearing No.21/2015, issued by Central Board of Direct Taxes, the appeal filed by the appellants is disposed of as not maintainable. Ordered accordingly.

SD/- JUDGE

SD/-

JUDGE tsn*

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