COMMISSIONER OF INCOME TAX vs MR.SHAW WALLACE

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH 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.118 OF 2014

BETWEEN:

COMMISSIONER OF INCOME-TAX

CENTRAL REVENUE BUILDINGS

QUEENS ROAD, BANGALORE-560001.

THE DEPUTY COMMISSIONER OF INCOME-TAX

CIRCLE-12(3), BANGALORE. ... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.)

AND:

MR. SHAW WALLACE BREWERIES LTD., UB TOWERS, 6TH FLOOR, 24 VITTAL MALLYA ROAD BANGALORE-560001 ... RESPONDENT (BY SRI. T. SURYANARAYANA, ADV.) - - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 04-10-2013 PASSED IN ITA NO.825/BANG/2012, FOR THE ASSESSMENT YEAR 2003-04, PRAYING TO:

I. 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. II. SET ASIDE THE APPELLATE ORDER DATED 04-10-2013 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BANGALORE, AS SOUGHT FOR, IN THE PROCEEDINGS ITA NO.825/BANG/2012 FOR ASSESSMENT YEAR 2003-04.

THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

JUDGMENT

Mr.E.I.Sanmathi, learned counsel for the revenue. Mr.T.Suryanarayana, learned counsel for the assessee.

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

COMMISSIONER OF INCOME TAX vs. MR.SHAW WALLACE