OFFICIAL LIQUIDATOR

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OLR/12/2016HC KarnatakaKAHC01038833201602 September 2016Bench: L.NARAYANA SWAMY4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the circular regarding monetary limits is applicable to pending proceedings, citing previous judgments. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against an ITAT order. A coordinate bench had previously dismissed a similar appeal on the grounds of monetary limits fixed by a circular.

What were the issues?

Whether a circular fixing monetary limits for appeals is retrospective and applicable to pending cases.

Which sections of the Income-tax Act were involved?

Section 27-A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JANUARY, 2020

PRESENT

THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND THE HON’BLE MR. JUSTICE E.S.INDIRESH WEALTH TAX APPEAL NO.12 OF 2016 BETWEEN:

1.

THE PR.COMMISSIONER OF INCOME TAX – VI,

BMTC COMPLEX, KORMANGALA,

BENGALURU.

2.

THE WEALTH TAX OFFICER,

WARD, 11(1),

BENGALURU. ... APPELLANTS (BY SRI. JEEVAN J.NEERALGI, ADVOCATE)

AND:

SMT.INDRAKSHI DEVI, NO.241, 15TH MAIN, RMV EXTENSION, BENGALURU – 80. PAN:AADPI7181H ... RESPONDENT

(BY SRI. BALARAM R.RAO, ADVOCATE)

THIS APPEAL FILED UNDER SECTION 27-A OF WEALTH TAX ACT 1957, ARISING OUT OF ORDER DATED

08.01.2016 PASSED IN WTA NO.7/BANG/2012, FOR THE ASSESSMENT YEAR 1991-1992, 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 DATED 08.01.2016 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘A’ BENCH, BENGALURU AS SOUGHT FOR, IN THE RESPONDENT – ASSESSEE’S CASE, IN WTA NO.7/BANG/2012 FOR ASSESSMENT YEAR 1991-1992.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ARAVIND KUMAR J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is directed against the order dated 31.03.2015 passed by the Income Tax Appellate Tribunal in WTA No.7/Bang/2012.

2.

Under similar circumstances, Coordinate Bench in WTA No.26/2017 by order dated 24.10.2019 dismissed the said appeal on monetary limits fixed in terms of Circular No.17/2019 dated 08.08.2019.

3.

However, learned counsel appearing for Revenue would contend that said Circular is prospective

and cannot be made applicable to the pending matters, which we are not inclined to accept in the light of law laid down by Coordinate Bench of this Court in the case of COMMISSIONER OF INCOME TAX & ANOTHER V/S RANKA & RANKA reported in (2013) 352 ITR 121 (KARN), wherein it has been held that scope of Circular issued by Central Board of Direct Taxes would be applicable to the pending proceedings, which also came to be affirmed by Apex Court in the case of DIRECTOR OF INCOME TAX V/S S.R.M.B DAIRY FARMING (P) LTD. reported in (2018) 400 ITR 9 (SC) vide paragraph 23. In fact, Central Board of Direct Taxes has also issued an instruction bearing No.F.No.279/MISC/M- 93/2018-ITJ dated 20.08.2019 intimating all the Principal Chief Commissioners of Income Tax that Circular No.17/2019 would be applicable on all pending SLPs/appeals/cross objections/references.

Hence,

contention of learned counsel Sri.E.I.Sanmathi stands rejected.

4.

In the light of aforesaid facts, the present appeal as already noticed hereinabove, being an off shoot of common order passed by ITAT, this appeal also deserves to be dismissed. Accordingly, appeal stands dismissed as not maintainable in view of aforestated order passed in WTA No.26/2017 dated 24.10.2019.

All pending interlocutory applications, if any, shall stand consigned to records.

SD/- JUDGE

SD/- JUDGE

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