CIT, Bengaluru / The ACWT, Circle-6(1), Bengaluru v. M. R. Kodandram (Indl)
[Citation -2020-LL-0129-124]
Citation | 2020-LL-0129-124 |
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Appellant Name | CIT, Bengaluru / The ACWT, Circle-6(1), Bengaluru |
Respondent Name | M. R. Kodandram (Indl) |
Court | HIGH COURT OF KARNATAKA |
Relevant Act | Wealth-tax |
Date of Order | 29/01/2020 |
Assessment Year | 2005-06 |
Judgment | View Judgment |
Keyword Tags | monetary limit • low tax effect |
Bot Summary: | Said order is a common order passed in WTA Nos.16 to 29/Bang/2014 and CO Nos.86 to 97/Bang/2014. Under similar circumstances, Coordinate Bench in WTA No.26/2017 by order dated 24.10.2019 3 dismissed the said appeal on monetary limits fixed in terms of Circular No.17/2019 dated 08.08.2019. 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 352 ITR 121, 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 DIRECTOR OF INCOME TAX V/S S.R.M.B DAIRY FARMING LTD. reported in 400 ITR 9 vide paragraph 23. 279/MISC/M-93/2018-ITJ dated 20.08.2019 intimating all the Principal Chief 4 Commissioners of Income Tax that Circular No.17/2019 would be applicable on all pending SLPs/appeals/cross objections/references. In the light of aforesaid facts, the present appeal as already noticed herein above, 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. |