What did the High Court hold?

The tribunal held that the appeal was not maintainable due to the monetary limits prescribed by circulars issued by the Central Board of Direct Taxes. Consequently, the appeal was dismissed.

The appeal was filed by the Pr. Commissioner of Wealth Tax and Assistant Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal. The appellants' counsel submitted that the appeal was not maintainable.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court based on the monetary limits stipulated in relevant circulars.

Pr Commissioner of Wealth Tax-6 vs M R Janakiram(HUF) | Karnataka High Court 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 24TH DAY OF OCTOBER, 2019

BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WEALTH TAX APPEAL NO.13 OF 2017 BETWEEN:

PR. COMMISSIONER OF

WEALTH TAX - 6, BMTC COMPLEX, KORAMANGALA, BENGALURU.

THE ASSISTANT COMMISSIONER

OF INCOME TAX, CIRCLE 6(1),

BENGALURU. ... APPELLANTS (BY SRI. E.I.SANMATHI, ADVOCATE)

AND:

SRI.M.R.JANAKIRAN (HUF), GOKULA HOUSE, GOKULA, MATHIKERE, BENGALURU – 560 054. ... RESPONDENT

(BY SRI. A.SHANKAR, SENIOR COUNSEL FOR SRI. M.LAVA, ADVOCATE)

THIS APPEAL FILED UNDER SECTION 27-A OF WEALTH TAX ACT 1957, ARISING OUT OF ORDER DATED 17.06.2016 PASSED IN M.P.NO.61/Bang/2016 IN WTA NO.14/Bang/2014, FOR THE ASSESSMENT YEAR: 2006- 2007, PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE ORDER DTAED:17.06.2016 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH, BANGALORE IN M.P.NO.61/Bang/2016 IN WTA NO.14/Bang/2014 FOR ASSESSMENT YEAR:2006-2007 AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:

JUDGMENT

The learned counsel for the appellants submit that the appeal is not maintainable in view of the monetary limits in terms of Circular No.17 of 2019 dated 08.08.2019

passed by Director (ITJ), Central Board Direct Taxes, New Delhi and also in terms of the Circular No.5 of 2019 dated 05.02.2019 passed by the Deputy Commissioner of Income Tax(OSD)-(ITJ), Central Board Direct Taxes.

In view of the submission made, the appeal is dismissed as such.

Sd/-

Sd/- JUDGE

JUDGE

VMB

PR COMMISSIONER OF WEALTH TAX-6 vs. M R JANAKIRAM(HUF)

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