THE COMMISSIONER OF INCOME TAX vs M/S ENDEKA CERAMICS (I) PVT LTD.,

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF DECEMBER 2015

PRESENT

THE HON’BLE MR.JUSTICE VINEET SARAN

AND

THE HON’BLE MRS.JUSTICE S SUJATHA

ITA NO.341/2013

BETWEEN

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

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -11(3) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD, BANGALORE … APPELLANTS (BY SRI K V ARAVIND, ADV. & MS. PREETHI J.D. ADV.)

AND

M/S ENDEKA CERAMICS [I] PVT. LTD., C/O. GOWTHAMA & CO., NO.23/57, 41ST CROSS, EAST END C MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE - 560 005 ... RESPONDENT (BY SRI. BALRAM.R. RAO, ADV.,)

2 THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.784/BANG/2012 DATED:28/02/2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(3), BANGALORE.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellants-Revenue has placed before us a recent Circular No.21/2015 dated 10.12.2015, issued by the Central Board of Direct taxes, wherein the monetary limit of the tax effect for filing appeals before the High Court has been enhanced from Rs.10 lacs to Rs.20 lacs. In paragraph-10 of the said Circular, it has been clarified that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

Learned counsel for the appellants has stated that the tax effect in the present appeal is below the specified limit of Rs.20 lacs.

Accordingly, in view of the Circular No.21/2015 dated 10.12.2015, the tax effect in this appeal being less than Rs.20 lacs, the appeal stands dismissed.

Sd/- JUDGE

AN/-

THE COMMISSIONER OF INCOME TAX vs. M/S ENDEKA CERAMICS (I) PVT LTD.,