THE COMMISSIONER OF INCOME-TAX vs. SHRI. SOLTHADY PREMANATH

PDF · subscribers
ITA/320/2015HC KarnatakaKAHC01032254201518 December 2015Bench: S.SUJATHA,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, following a CBDT circular, decided that appeals with a tax effect below Rs. 20 lacs should not be pressed. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the High Court. The tax effect in the appeal was below the enhanced monetary limit for filing appeals as per a recent CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the revised monetary limits for filing appeals before the High Court as per 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.320/2015

BETWEEN

1.

THE COMMISSIONER OF INCOME-TAX

C.R. BUILDING

ATTAVARA

MANGALORE – 575 001

2.

THE ASST. COMMISSIONER

OF INCOME TAX

CIRCLE – 2[1]

ATTAVARA

MANGALORE – 575 001 …APPELLANTS (BY SRI K.V. ARAVIND, ADV. & MS. PREETHI J.D., ADV.,)

AND

SHRI. SOLTHADY PREMANATH ‘SHREYAS’, BEHIND BC CENTRE B.C. ROAD, JODUMARGA BANTWAL – 574 219

…RESPONDENT

THIS APPEAL IS FILED UNDER SECTION 260- A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT,

2 BANGALORE, IN ITA NO.72/BANG/2014 DATED 20.2.2015 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE – 2[1], MANGALORE.

THIS APPEAL COMING ON FOR ADMISSION, 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.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/-

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →