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COP/141/2014HC KarnatakaKAHC01024351201409 January 2015Bench: BUDIHAL R.B.3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court considered a CBDT circular enhancing the monetary limit for filing appeals to Rs. 20 lacs. Since the tax effect in this appeal was below the new limit and the circular applied retrospectively, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The appeal was filed under Section 260-A of the Income Tax Act, 1961. The tax effect in the present appeal was below the specified monetary limit for filing such appeals.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed based on a revised monetary limit for appeals specified in a CBDT circular, which was applicable retrospectively.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF DECEMBER 2015

PRESENT

THE HON’BLE MR.JUSTICE VINEET SARAN

AND

THE HON’BLE MRS.JUSTICE S SUJATHA

ITA NO.141/2014 BETWEEN

1.

THE COMMISSIONER OF INCOME-TAX

C R BUILDING

QUEENS ROAD

BANGALORE

2.

THE ADDL. COMMISSIONER

OF INCOME-TAX

RANGE – 4,

UNITY BUILDING ANNEXE,

MISSION ROAD

BANGALORE …APPELLANTS (BY SRI K.V. ARAVIND, ADV.,)

AND

SRI. SRINIVASAN CHANDIRA KUMAR NO.596, 10TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE

…RESPONDENT

(BY SRI. B.S. NARASIMHA PRASAD, ADV.,)

THIS APPEAL IS FILED UNDER SECTION 260- A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT,

2 BANGALORE, IN ITA NO.1061/BANG/2012 DATED 20.9.2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE – 4, BANGALORE.

THIS APPEAL 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that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.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

AN/-

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