THE PR COMMISSIONER OF INCOME TAX, vs. M/S HEMAVATHY POWER AND LIGHT PVT LTD.,

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ITA/591/2023HC KarnatakaKAHC01049038202316 December 2024Bench: V KAMESWAR RAO,S RACHAIAH3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the respondent's submission regarding the tax effect and the relevant CBDT circular. The court allowed the revenue liberty to revive the appeal if the issue falls within the exceptions mentioned in the circular.

What were the facts?

The revenue filed an appeal before the High Court against an ITAT order. The respondent argued that the appeal was not maintainable due to the tax effect being below Rs. 2.00 Crores, citing a CBDT circular. The revenue contended that the issue might fall under an exception to the circular.

What were the issues?

Maintainability of the appeal before the High Court based on the tax effect and the applicability of CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BENGALURU IN ITA

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NC: 2024:KHC:51752-DB ITA No. 591 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH INCOME TAX APPEAL NO. 591 OF 2023 BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU – 560 095.

2.

THE DEPUTY COMMISSIOJNER OF INCOME-TAX CIRCLE-11(4)/ CIRCLE-3(1)2/ CIRCLE-3(1)(3)/ CIRCLE-3(1)(1) PRESENT ADDRESS DCIT CIRCLE 3(1)(1), 2ND FLOOR BMTC BUILDING, 80 FEET ROAD KORMANGALA, BENGALURU – 560 095. …APPELLANTS (BY SRI. RAVI RAJ, ADVOCATE FOR SRI. DILIP M, ADVOCATE)

AND:

M/S. HEMAVATHY POWER AND LIGHT PVT LTD., SUIT NO. 701 AND 702, 7TH FLOOR, PRESTIGE MERIDIAN II, M.G. ROAD, BENGALURU – 560 001. PAN: AABCH 1245E. …RESPONDENT (BY SRI. A SHANKAR, SENIOR COUNSEL FOR SRI. MADHUSUDHAN A, ADVOCATE)

Digitally signed by NARAYANA UMA Location: HIGH COURT OF KARNATAKA

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NC: 2024:KHC:51752-DB ITA No. 591 of 2023

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 1820/BANG/2019 DATED 23.06.2022 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-3(1)(1), BENGALURU.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

1.

Mr.A.Shankar, learned Senior Counsel appearing for the respondent states that as the tax effect in this appeal is less than Rs.2.00 Crores and in view of the circular issued by the Department of Revenue, Central Board of Direct Taxes dated 17.09.2024, this appeal shall not be maintainable.

2.

Learned counsel for the appellants states that it appears that the issue which arises for consideration shall fall in the exception carved out in the Circular No.5/2024 dated 15.03.2024. He states that the appeal be closed by granting liberty to the revenue, in the eventuality the appeal falls within

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NC: 2024:KHC:51752-DB ITA No. 591 of 2023

the exception as carved out in the Circular dated 15.03.2024, the revenue / appellants to revive this appeal. It is ordered accordingly.

Appeal is closed.

Pending I.A. does not survive for consideration and the same is also disposed of.

Sd/- (V KAMESWAR RAO) JUDGE

Sd/- (S RACHAIAH) JUDGE

UN List No.: 1 Sl No.: 20

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