THE COMMISSIONER OF INCOME TAX vs. SHRI K NARAYANA GOWDA

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ITA/176/2014HC KarnatakaKAHC01015592201418 December 2015Bench: S.SUJATHA,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal based on a CBDT circular that enhanced the monetary limit for filing appeals. The circular stated that pending appeals below the specified tax limits could be withdrawn or not pressed.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The tax effect in the appeal was below the monetary limit for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed due to the tax effect being below the enhanced monetary limit prescribed by a CBDT 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 18TH DAY OF DECEMBER 2015

PRESENT

THE HON’BLE MR.JUSTICE VINEET SARAN

AND

THE HON’BLE MRS.JUSTICE S SUJATHA

ITA NO.176/2014

BETWEEN

1.

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

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1), UNITY BUILDING, ANNEXE, MISSION ROAD, BANGALORE-560 027 … APPELLANTS (BY SRI K.V. ARAVIND, ADV.)

AND

SHRI K NARAYANA GOWDA NO.193, 5TH CROSS, 3RD MAIN, CHAMARAJPET BANGALORE-560018. ... RESPONDENT [BY M/S. S. PARTHASARATHI, ADV., & JINITA CHATTERJEE, ADV.,]

2 THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.6/BANG/2012 DATED:28/11/2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1) 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

2.

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

3.

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

Sd/- JUDGE

AN/-

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