The Commissioner Of Income Tax vs M/S Honeywell Technology
2021 Latest Caselaw 6880 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 20TH 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,
        4TH FLOOR, BMTC BUILDING
        80 FEET ROAD, KORMANGALA
        BENGALURU-560095

2.      THE DEPUTY COMMISSIONER OF INCOME TAX
        INTERNATIONAL TAXATION, CIRCLE-2(1),
        4TH 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: AAACH4151J                                ...RESPONDENT

        (BY SRI SURYANARAYANA T., SENIOR COUNSEL FOR
                   SMT.MAHIMA GOUD, ADV.)
                            -2-



      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:

                    JUDGMENT

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.