What did the High Court hold?

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

The Revenue filed an appeal before the High Court against an ITAT order. 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 is maintainable given the revised monetary limit for appeals as per CBDT circular.

The Director of Income Tax vs M/S Informatica Business… | 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. 180/2012

BETWEEN

THE DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION, RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE.

THE DEPUTY DIRECTOR OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(1), RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE.

...APPELLANTS

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

AND

M/S INFORMATICA BUSINESS SOLUTIONS PVT. LTD., DIAMOND DISTRICT, TOWER "B", 3RD FLOOR, NO.150, BANGALORE-560 011. ... RESPONDENT

(BY SRI. CHYTHANYA.K.K-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.808/BANG/2010 DATED: 10.2.2012, 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

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

Sd/-

JUDGE TL

THE DIRECTOR OF INCOME TAX vs. M/S INFORMATICA BUSINESS SOLUTIONS PVT. LTD.,

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