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HC-KAR NC: 2025:KHC:26351-DB ITA No. 249 of 2024 C/W ITA No. 623 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF INCOME TAX APPEAL NO.249 OF 2024 C/W INCOME TAX APPEAL NO.623 OF 2023
IN ITA No.249/2024:
BETWEEN:
THE PR. COMMISSIONER OF INCOME TAX, CENTRAL, GROUND FLOOR, PUNDALIK NIWAS BUILDING, RUA-DE-AUREM, PANAJI, GOA-403 001.
THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1) AND TPS, C R BUILDING, ATTAVARA, MANGALURU-575 001. …APPELLANTS (BY SRI. DILIP M, ADVOCATE)
AND:
MR. P. NARASIMHA RAO SHIVAPRASAD, NAGAKANNIKA TEMPLE ROAD, DEREBAIL KONCHADI, MANGALURU-575 006. …RESPONDENT (BY SRI. RAVI SHANKAR S.V, ADVOCATE)
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:26351-DB ITA No. 249 of 2024 C/W ITA No. 623 of 2023
THIS ITA IS FILED UNDER SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, II) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU M.P. NO. 222/BANG/2023 (IN ITA NO. 840/BANG/2022) DATED 01.12.2023 FOR ASSESSMENT YEAR 2012-2013 ANNEXURE-A AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1) AND TPS, MANGALURU.
IN ITA NO.623/2023:
BETWEEN:
THE PR. COMMISSIONER OF INCOME TAX, CENTRAL, 3RD FLOOR, C R BUILDING, QUEEN’S ROAD, BENGALURU.
DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1) AND TPS, C R BUILDING, ATTAVARA, MANGALURU – 575 001. ...APPELLANTS (BY SRI. DILIP M, ADVOCATE)
AND:
MR. P. NARASIMHA RAO SHIVAPRASAD, NAGAKANNIKA TEMPLE ROAD, DEREBAIL KONCHADI, MANGALURU - 575 006. ...RESPONDENT (BY SRI. RAVI SHANKAR S. V, ADVOCATE)
THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, PRAYING TO i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN; ii)
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HC-KAR NC: 2025:KHC:26351-DB ITA No. 249 of 2024 C/W ITA No. 623 of 2023
ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 840/BANG/2022 DATED 26/05/2023 FOR ASSESSMENT YEAR 2012-2013 ANNEXURE-A AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), AND TPS, MANGALURU.
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 T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard Sri.Dilip M., learned counsel for the appellants and Sri.Ravi Shankar S.V., learned counsel for the respondent and perused the entire appeal papers.
At the outset, learned counsel for the respondent submits that the tax effect in the above appeal is Rs.1,12,17,045/- and not Rs.2,24,74,149/- as stated in the appeal memo.
Learned counsel for the respondent would invite attention of this Court to page No.47 of the appeal memo
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HC-KAR NC: 2025:KHC:26351-DB ITA No. 249 of 2024 C/W ITA No. 623 of 2023
i.e., assessment order and points out that tax effect is only 1,12,17,045/-. 4. Sri.Dilip M., learned counsel for the appellants would not dispute the same.
Under circular No.9/2024 dated 17.09.2024, the monetary limit of filing appeal is enhanced to Rs.2 crores. Clause (5) of the said circular would state that circular would be applicable to pending appeals before the Supreme Court/High Court/Tribunal.
In view of the above, since the monetary value of the above appeals is less than Rs.2 crores, the appeals are not maintainable and accordingly, stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (T.M.NADAF) JUDGE
MH/- List No.: 1 Sl No.: 40