THE COMMISSIONER OF INCOME-TAX, vs. M/S H M CONSTRUCTIONS

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RP/337/2014HC KarnatakaKAHC01021080201430 October 2015Bench: B.MANOHAR,VINEET SARAN4 pages
AI SummaryAllowed

What did the High Court hold?

The High Court permitted the appellant (Revenue) to withdraw the appeal. Liberty was granted to seek revival if the matter falls under exceptions mentioned in a circular.

What were the facts?

The Revenue filed an appeal before the High Court. The appeal was filed against an order of the ITAT for the Assessment Year 2009-2010. The Revenue sought to withdraw the appeal.

What were the issues?

The primary issue was the maintainability of the appeal in light of revised monetary limits for filing appeals by the Revenue. The applicability of the circular to pending matters was also considered.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE R. DEVDAS INCOME TAX APPEAL No.337/2014 BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX – III, C.R. BUILDING, QUEENS ROAD, BANGALORE – 1.

2.

INCOME TAX OFFICER,

WARD – 12(1), BANGALORE.

... APPELLANTS

(BY SRI. E.R. INDRAKUMAR, SENIOR COUNSEL FOR SRI E.I. SANMATHI, ADVOCATE)

AND:

M/S. MINNOW TRADING CO. PVT. LTD., C/O RAFFLES SOLUTIONS PVT. LTD., 8TH FLOOR, “THE ESTATE”, NO.121, DICKENSON ROAD, BANGALORE – 560 042. ... RESPONDENT

(BY SRI. M. LAVA AND SRI B.G. CHIDANANDA URS., ADVOCATES)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 18.03.2014 PASSED IN ITA NO.901/BANG/2013, FOR THE ASSESSMENT YEAR 2009-2010, PRAYING TO: I. 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; II. SET ASIDE THE COMMON APPELLATE ORDER DATED 18.03.2014 PASSED BY THE ITAT, ‘A’ BENCH, BENGALURU IN APPEAL PROCEEDINGS IN ITA NO.901/BANG/2013 FOR ASSESSMENT YEAR 2009.10.

THIS ITA COMING ON FOR FINAL HEARING, THIS DAY, DEVDAS J., DELIVERED THE FOLLOWING:

J U D G M E N T The learned counsel for the appellant-Revenue brings to the notice of this Court a Circular bearing No.17 of 2019 dated 08th August, 2019 wherein the further enhancement of monetary limit for filing of appeals by the Departments before the Income- Tax Appellate Tribunals, High Courts and Special Leave Petitions/Appeals before the Supreme Court stands amended, and by the said amendment the earlier monetary limit of Rs.50,00,000/- (Rupees fifty lakh) has not been raised to Rs.1,00,00,000/- (Rupees one crore). The earlier monetary limit was prescribed as per Circular No.3 of 2018 dated 11th July, 2018. In the light of the same, the learned counsel submits that

the appeal is not maintainable and in view of the Circular, the appeal may be permitted to be withdrawn. Further, the learned counsel would also draw the attention of this Court to Clause 10 of the Circular No.3 of 2018 dated 11th July, 2018 wherein certain exceptions are carved out. The learned counsel submits that at the present stage it may not be possible for him to submit whether the matter falls under any of the exceptions. Therefore, it is prayed that liberty may be reserved to the appellants to move this Court, if it is found that the matter falls within the exception carved out in Clause 10 of Circular bearing Number 3 of 2018.

2.

On the query of the Court as to whether the Circular is applicable to pending matters, the learned counsel draws the attention of this Court to the communication dated 20th August, 2019 made by the Central Board of Direct Taxation to all the Chief Commissioners of Income Tax clarifying at paragraph No.3 that the monetary limit prescribed in Circular No.17 of 2019 is applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References.

3.

In view of the above, we permit the appellant to withdraw the appeal for the reasons stated above. Liberty is also granted to the appellant to seek revival of this appeal, if it is found that the matter falls within the exception carved out in Clause 10 of Circular bearing No.3 of 2018.

SD/- JUDGE

SD/- JUDGE

Bvk/-

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