THE COMMISSIONER INCOME TAX vs. M/S HEWLETT PACKARD INDIA SOFTWARE

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ITA/355/2012HC KarnatakaKAHC01044950201217 December 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court, following a CBDT circular enhancing the monetary limit for appeals, held that the appeal's tax effect was below the revised limit. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The appeal was filed under Section 260A of the Income Tax Act, 1961. The tax effect in the present appeal was below the specified monetary limit for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue meets the enhanced monetary limit for filing appeals before the High Court as per the latest CBDT circular.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF DECEMBER, 2015

PRESENT

THE HON'BLE MR. JUSTICE VINEET SARAN

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA No. 355/2012

BETWEEN

1.

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

2.

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-11(3), C.R.BUILDING, QUEENS ROAD, BANGALORE.

...APPELLANTS

(BY SRI. K.V. ARAVIND & MS. PREETHI.J.D-ADVs)

AND

M/S HEWLETT PACKARD INDIA SOFTWARE OPERATION PVT., LTD., SURVEY NO.192, WHITEFIELD ROAD, MAHADEVAPURA, BANGALORE-560 048.

... RESPONDENT

(BY SRI. T.SURYANARAYANA FOR KING & PATRIDGE-ADV)

THIS ITA IS FILED UNDER SECTION 260A OF INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO. 814/BANG/2010 DATED: 24.5.2012, ETC.

THIS ITA 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.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 TL

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