What did the High Court hold?

The High Court accepted the submission of the Revenue's counsel. Consequently, the appeal was dismissed on the grounds of maintainability.

The appeal was filed by the Revenue against an order of the Income Tax Appellate Tribunal. The Revenue's counsel submitted that the appeal was not maintainable due to monetary limits prescribed by CBDT circulars.

What were the issues?

The primary issue was whether the appeal filed by the Revenue was maintainable considering the monetary limits stipulated by the CBDT circulars.

Pr Commissioner of Wealth Tax-6 vs M R Janakiram | 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.8 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.JANAKIRAM (INDL), 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.59/Bang/2016 IN WTA NO.12/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, BENGALURU IN M.P.NO.59/Bang/2016 IN WTA NO.12/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

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