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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28th DAY OF SEPTEMBER 2020
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE M.I. ARUN
I.T.A. NO.237 OF 2017
BETWEEN:
PR. COMMISSIONER OF INCOME TAX CENTRAL
QUUENS ROAD, BANGALORE.
THE DEPUTY COMMISSIONER OF INCOME TAX
CIRCLE-12(4), BANGALORE. ... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.)
AND:
M/S. RAJESH EXPORTS LTD NO.4, BATAVIA CHAMBERS K.R. ROAD, K.P. WEST BANGALORE-560001 PAN:AAACR8642N. ... RESPONDENT (BY SRI. SAMPATH KUMAR K, ADV.,) - - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 31-05-2016 PASSED IN ITA NO.859/BANG/2010, FOR THE ASSESSMENT YEAR 2006-07, VIDE ANNEXURE-A 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 31-05-2016 PASSED BY THE ITAT, ‘A’ BENCH, BANGALORE, IN APPEAL PROCEEDINGS ITA NO.859/BANG/2010 DATED 31-5-2016 FOR ASSESSMENT YEAR 2006-07 (PRODUCED AS ANNEXURE-A), AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTCE.
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. Mr.Sampath Kumar K., 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
Sd/- JUDGE