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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER 2020
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
I.T.A. NO.260 OF 2016
BETWEEN:
PR. COMMISSIONER OF INCOME TAX-5
BMTC COMPLEX, KORAMANGALA
BANGALORE-560001.
THE DEPUTY COMMISSIONER OF INCOME TAX
CIRCLE-5(1)(1), BANGALORE.
... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.)
AND:
M/S. ROYAL ORCHID HOTELS P. LTD., NO.1, GOLD AVENUE ADJOINING KGA GOLD COURSE OLD AIRPORT ROAD, KODIHALLI BANGALORE-560008 PAN: AABCR 0111 M. ... RESPONDENT (BY SRI. R.B. KRISHNA, ADV.) - - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 10-11-2015 PASSED IN ITA NO.846/BANG/2015, FOR THE ASSESSMENT
YEAR 2001-11, PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED 10-11-2015 PASSED BY THE ITAT, ‘C’ BENCH, BENGALURU, IN APPEAL PROCEEDINGS IN ITA NO.846/BANG/2015 FOR ASSESSMENT YEAR 2010-11, AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.
THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.E.I.Sanmathi, learned counsel for the revenue has entered appearance through video conferencing. Mr.R.B.Krishna, learned counsel for the respondent has entered appearance through video conferencing.
Learned counsel for the assessee submits that the tax effect in this appeal is less than `1 Crore and therefore, the appeal may not be maintainable in view of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes.
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.
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