THE COMMISSIONER OF INCOME-TAX vs. ASERA SOFTWARE(INDIA)PVT., LTD

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ITA/209/2011HC KarnatakaKAHC01058784201117 December 2015Bench: S.SUJATHA,VINEET SARAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the tax effect in the present appeal was below the enhanced monetary limit. Consequently, the appeal was dismissed in accordance with the CBDT circular.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The Central Board of Direct Taxes (CBDT) 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 the appeal filed by the Revenue is maintainable given the revised monetary limits for filing appeals as per the 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. 209/2011

BETWEEN

1.

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

2.

THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -11(1), C.R.BUILDING, QUEENS ROAD, BANGALORE. …APPELLANTS

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

AND

ASERA SOFTWARE (INDIA) PVT. LTD., NO.14, VIJETA, 2ND FLOOR, 80 FT., MAIN ROAD, 4TH BLOCK, KORAMANGALA , BANGALORE-560 034. ... RESPONDENT

(BY SRI.K.K.CHYTHANYA-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.1179/BANG/2009 DATED: 11.2.2011, 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.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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