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HC-KAR NC: 2025:KHC:32139-DB ITA No. 159 of 2024 C/W ITA No. 158 of 2024 ITA No. 161 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND INCOME TAX APPEAL NO.159/2024 C/W INCOME TAX APPEAL NO.158/2024 AND INCOME TAX APPEAL NO.161/2024
IN ITA NO. 159/2024
BETWEEN:
THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) 6TH FLOOR, UNITY BUILDING ANNEXE P. KALINGA RAO ROAD BENGALURU-560027.
THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1 AND THE INCOME TAX OFFICER, (EXEMPTIONS), WARD, MYSURU 6TH FLOOR, UNITY BUILDING ANNEXE P. KALINGA RAO ROAD BENGALURU-560027. …APPELLANTS
(BY SRI. ARAVIND V CHAVAN, SR. STANDING COUNSEL)
AND:
THE MYMUL RAITHA KALYANA TRUST SIDDARATH NAGAR, 14 MYMUL
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:32139-DB ITA No. 159 of 2024 C/W ITA No. 158 of 2024 ITA No. 161 of 2024
RAITHA KALYANA TRUST, MALE MAHADESHWARA ROAD, SIDDARATHNAGAR, MYSORE-570011 REP. BY ITS MANAGING DIRECTOR. …RESPONDENT (BY SRI. MADHUSUDHAN U. A., ADV.)
THIS APPEAL IS FILED UNDER SE.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 02.01.2024 PASSED IN ITA NO.913/BANG/2023 FOR THE ASSESSMENT YEAR 2016-2017, 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 ITA NO.913/BANG/2023 DATED 02.01.2024 FOR ASSESSMENT YEAR 2016-2017 ANNEXURE-A AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, BENGALURU AND ETC.
IN ITA NO. 158/2024
BETWEEN:
THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), 6TH FLOOR, UNITY BUILDING ANNEXE, P. KALINGA RAO ROAD, BENGALURU-560027.
THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1, 6TH FLOOR, UNITY BUILDING ANNEXE, P. KALINGA RAO ROAD, BENGALURU-560027. ...APPELLANTS
(BY SRI. ARAVIND V CHAVAN, SR. STANDING COUNSEL)
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HC-KAR NC: 2025:KHC:32139-DB ITA No. 159 of 2024 C/W ITA No. 158 of 2024 ITA No. 161 of 2024
AND:
THE MYMUL RAITHA KALYANA TRUST, SIDDARATH NAGAR, 14 MYMUL RAITHA KALYANA TRUST, MALE MAHADESHWARA ROAD, MYSORE-570011 REP. BY ITS MANAGING DIRECTOR. ...RESPONDENT (BY SRI. MADHUSUDHAN U. A., ADV.)
THIS APPEAL IS FILED UNDER SE.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 02.01.2024 PASSED IN ITA NO.996/BANG/2023 FOR THE ASSESSMENT YEAR 2017-2018, 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 ITA NO.966/BANG/2023 DATED 02.01.2024 FOR ASSESSMENT YEAR 2017-2018 ANNEXURE-A CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, BENGALURU AND ETC.
IN ITA NO. 161/2024
BETWEEN:
THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), 6TH FLOOR, UNITY BUILDING ANNEXE, P. KALINGA RAO ROAD, BENGALURU-560027.
THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, 6TH FLOOR, UNITY BUILDING ANNEXE,
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HC-KAR NC: 2025:KHC:32139-DB ITA No. 159 of 2024 C/W ITA No. 158 of 2024 ITA No. 161 of 2024
P. KALINGA RAO ROAD, BENGALURU-560027. ...APPELLANTS
(BY SRI. ARAVIND V CHAVAN, SR. STANDING COUNSEL)
AND:
THE MYMUL RAITHA KALYANA TRUST, SIDDARATH NAGAR, 14 MYMUL RAITHA KALYANA TRUST, MALE MAHADESHWARA ROAD, MYSORE-570011 REP. BY ITS MANAGING DIRECTOR. ...RESPONDENT (BY SRI. MADHUSUDHAN U. A., ADV.)
THIS APPEAL IS FILED UNDER SE.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 02.01.2024 PASSED IN ITA NO.923/BANG/2023 FOR THE ASSESSMENT YEAR 2016-2017, 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 ITA NO.923/BANG/2023 DATED 02.01.2024 FOR ASSESSMENT YEAR 2016-2017 ANNEXURE-A CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1, BENGALURU AND ETC.
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HC-KAR NC: 2025:KHC:32139-DB ITA No. 159 of 2024 C/W ITA No. 158 of 2024 ITA No. 161 of 2024
THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard Sri.Aravind V Chavan, learned counsel for the appellants-Revenue and Sri.Madhusudhan U.A., learned counsel for the respondent.
It is brought to our notice that the tax effect in the aforesaid appeals is less than Rs.2.00 crores. The Central Board of Direct Taxes under Circular No.9/2024 dated 17.09.2024 has increased the monetary limit to Rs.2.00 crores for filing the appeal before the High Court. The said Circular would be applicable to the pending appeals also.
In view of the above Circular, the appeals would not be maintainable. Accordingly, all the appeals stand rejected as not maintainable.
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HC-KAR NC: 2025:KHC:32139-DB ITA No. 159 of 2024 C/W ITA No. 158 of 2024 ITA No. 161 of 2024
However, liberty is reserved to the Revenue to seek revival of the order, if exceptions are made out.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
MPK CT:bms List No.: 1 Sl No.: 52