THE COMMISSIONER OF INCOME TAX vs M/S BAL PHARMA 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.240/2013

BETWEEN

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

THE INCOME TAX OFFICER WARD – 16[1] NO.59, HMT BHAVAN, 4TH FLOOR, BELLARY ROAD, GANGANAGAR BANGALORE … APPELLANTS (BY SRI K V ARAVIND, ADV.)

AND

M/S. BAL PHARMA LTD., NO.10/1, 5TH FLOOR, LAXMINARAYAN COMPLEX, PALACE ROAD, BANGALORE – 560 052 ... RESPONDENT

(BY M/S. S. PARTHASARATHI, ADV., & MS. JINITHA CHATTERJEE, 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.1265/BANG/2011 DATED:4/1/2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD – 16[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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

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 BAL PHARMA LTD