What did the High Court hold?

The High Court noted that the tax effect in the present appeals was below the enhanced limit of Rs. 20 lacs. Following the circular, the appeals were dismissed.

The Revenue filed appeals before the High Court against an order of the ITAT. The Central Board of Direct Taxes issued a circular enhancing the monetary limit for filing appeals to the High Court from Rs. 10 lacs to Rs. 20 lacs.

What were the issues?

Whether pending appeals below the revised monetary limit for filing appeals to the High Court should be dismissed based on a CBDT circular.

CIT vs P F X Saldanha & Sons | Karnataka High Court 2015

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. 91/2011 C/W ITA No. 92/2011, ITA No. 93/2011,ITA No. 94/2011 ITA No. 95/2011, ITA No. 96/2011

BETWEEN:

COMMISSIONER OF INCOME TAX-III, C.R.BUILDINGS, QUEENS ROAD, BANGALORE – 560001.

INCOME TAX OFFICER, WARD 2(2), MANGALURU. ... APPELLANTS (COMMON)

(BY SRI.E.I.SANMATHI-ADV)

AND:

P.F.X.SALDANHA & SONS, D.NO.7-21-1498, HIGH LAND COFFEE WORKS, FALNIR, MANGALORE. ... RESPONDENT (COMMON)

(BY SRI.A.SHANKAR & SRI.M.LAVA – ADVs)

THESE ITAs ARE FILED UNDER SECTION 260A OF INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE APPELLATE ORDER DATED 19.11.2010 PASSED BY THE ITAT, ‘B’ BENCH, BANGALORE IN ITA Nos.696/BANG/2010, 697/BANG/2010, 700/BANG/2010, 699/BANG/2010, 698/BANG/2010 AND 116/BANG/2010 RESPECTIVELY, ETC.

THESE ITAs 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.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 appeals 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 these appeals being less than Rs.20 lacs, the appeals stand dismissed.

Sd/-

JUDGE

Sd/-

JUDGE TL

COMMISSIONER OF INCOME TAX-III vs. P F X SALDANHA & SONS

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