COMMISSIONER OF INCOME TAX vs. M/S MISTRAL SOFTWARE 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.208/2013 C/w. ITA NO.205/2013 BETWEEN

C.R. BUILDING

BANGALORE – III

BANGALORE

INCOME TAX, CIRCLE 12[1],

BANGALORE … COMMON APPELLANTS (BY SRI E.I. SANMATHI, ADV.,)

AND

M/S. MISTRAL SOFTWARE PVT. LTD., [NOW KNOWN AS MISTRAL SOLUTIONS PVT. LTD.,] NO.60, ADARSH REGENT, 100 FT. RING ROAD, DOMLUR EXTENSION BANGALORE – 560 071

… COMMON RESPONDENT (BY SMT. H. VANI, ADV.,)

ITA NO.208/2013 IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE, IN ITA NO.401/BANG/2012 DATED 3.12.2012 AND ORDER OF COMMISSIONER OF INCOME TAX, [APPEALS] – III, BANGALORE, DATED 8.12.2011 IN APPEAL NO.119/C-12[1]/CIT[A]- III/BNG/09-10.

ITA NO.205/2013 IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE, IN ITA NO.400/BANG/2012 DATED 3.12.2012 AND ORDER OF COMMISSIONER OF INCOME TAX, [APPEALS] – III, BANGALORE, DATED 16.12.2011 IN APPEAL NO.194/C-12[1]/CIT[A]- III/BNG/08-09.

THESE APPEALS 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

3 to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

Sd/- JUDGE

Sd/- JUDGE

AN/-