Ita/213/2021 Of The Commissioner Of Income Tax v. M/S Honeywell Technology

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20 DAY OF DECEMBER, 2021 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY I.T.A.No.213/2021 BETWEEN : 1 . THE COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, 4 FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560095 INTERNATIONAL TAXATION, 4 FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560095 2 . THE DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION, CIRCLE-2(1), 4 FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA BENGALURU-560095 ...APPELLANTS (BY SRI K.V.ARAVIND, ADV. A/W SRI DILIP M., ADV.) AND : M/s HONEYWELL TECHNOLOGY SOLUTIONS LTD., 151/1, BANNERGATTA DORAISANIPALYA BENGALURU-560076 PAN: …RESPONDENT (BY SRI SURYANARAYANA T., SENIOR COUNSEL FOR SMT.MAHIMA GOUD, ADV.) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 05.08.2020 PASSED IN IT(IT)A NO.562/BANG/2017, FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO 1) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN IT(IT)A NO.562/BANG/2017 DATED 05.08.2020 FOR THE ASSESSMENT YEAR 2011-2012 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED THE ASSISTANT COMMISSIONER OF INCOME TAX, INERNATIONAL TAXATION, CIRCLE-2(1), BENGALURU. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING: J U D G M E N T Learned counsel for the respondent – assessee has filed a memo raising preliminary objection regarding maintainability of the appeal, referring to the Circular No.17/2019 dated 08.08.2019. 2. Learned counsel for the Revenue could not dispute the same. 3. In view of the monetary limits prescribed by the Central Board of Direct Taxes vide Circular No.17/2019 referred to above, for lower tax effect, the appeal is not maintainable. In the result, appeal stands dismissed, reserving liberty to the Revenue to revive this appeal if the need arises. Sd/- JUDGE Sd/- JUDGE NC.