THE COMMISSIONER OF INCOME TAX vs. SMT. SATHYA PREMA, SINCE DEAD REP. BY LRS

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.51 OF 2015 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX

C.R. BUILDING, QUEENS ROAD

BANGALORE. 2. THE COMMISSIONER OF INCOME-TAX

KARNATAKA (CENTRAL)

C.R. BUILDING, QUEENS ROAD

BANGALORE. .... APPELLANTS (BY MR. DILIP KUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) AND: SMT. SATHYA PREMA SINCE DEAD REP. BY LRS. 1(a). SHRI. K.M. NAGARAJ

H/O SMT. SATHYA PREMA

AGED ABOUT 70 YEARS

465/10, 2ND BLOCK

3RD CROSS, JAYANAGARA

KANAKANAPALYA, BANGALORE. 1(b). N. HARISH

S/O SMT. LATE SATHYA PREMA

& K.M. NAGARAJ

AGED ABOUT 36 YEARS

465/10, 2ND BLOCK

3RD CROSS, JAYANAGARA

KANAKANAPALYA, BANGALORE. ... RESPONDENTS (BY MR. A. SHANKAR, SR. COUNSEL FOR MR. M. LAVA, ADV.,) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 14.08.2014 PASSED IN ITA NO.137/BANG/2012 FOR THE ASSESSMENT YEAR 2001-02, 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, BANGALORE IN ITA NO.137/BANG/2012 DATED 14.08.2014 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX, KARNATAKA (CENTRAL), BANGALORE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind, learned counsel for the revenue. Mr.A.Shankar, learned Senior counsel for Mr.M.Lava, learned counsel for the assessee. Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.1 Crore and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.17/2019 dated 08.08.2019

3 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue. 2. On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the appeal in case the matter falls within the exceptions under the aforesaid Circular dated 08.08.2019. 3. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. Sd/- JUDGE Sd/- JUDGE RV