What did the High Court hold?

The High Court dismissed the appeals filed by the Revenue. This was based on a CBDT circular that enhanced the monetary limit for filing appeals to the High Court.

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

What were the issues?

Whether the appeals filed by the Revenue are maintainable given the revised monetary limits for appeals to the High Court.

CIT vs M/S Iqura Technologies | 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. 25/2010 C/W ITA No.27/2010, ITA No. 23/2010, ITA No. 24/2010 ITA No. 26/2010

IN ITA Nos.25/2010 & 23/2010

BETWEEN:

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

THE INCOME TAX OFFICER, WARD-11(2), BANGALORE. …APPELLANTS

(COMMON)

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

AND:

M/S IQURA TECHNOLOGIES PVT. LTD., NO.5/1, 87, HOSUR MAIN ROAD, MADIWALA, BANGALORE – 560 068. ... RESPONDENT

(COMMON) (BY SRI.CHYTHANYA.K.K-ADV)

IN ITAs Nos.27/2010, 24/2010 & 26/2010

BETWEEN

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

THE INCOME TAX OFFICER, WARD-11(2), BANGALORE.

...APPELLANTS

(COMMON)

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

AND:

M/S IQURA TECHNOLOGIES PVT. LTD., NO.5/1, 87, HOSUR MAIN ROAD, MADIWALA, BANGALORE-560 068.

... RESPONDENT

(COMMON)

(BY SRI.CHYTHANYA.K.K-ADV)

THESE ITAs ARE FILED UNDER SECTION 260A OF INCOME TAX ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA Nos.282/BNG/2009, 284/BNG/2009, 280/BNG/2009, 281/BNG/2009 AND 283/BANG/2009 RESPECTIVELY DATED: 21.8.2009, 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appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.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

THE COMMISSIONER OF INCOME TAX vs. M/S IQURA TECHNOLOGIES

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