COMMISSIONER OF INCOME TAX-III vs. M/S PRASAD TECHNOLOGY

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ITA/339/2014HC KarnatakaKAHC01025339201428 September 2020Bench: ALOK ARADHE,M.I.ARUN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal. Liberty was granted to the Revenue to revive the appeal if the matter falls within the exceptions mentioned in the CBDT circular.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The assessee's counsel pointed out that the tax effect was below the threshold specified in CBDT Circular No. 17/2019, making the appeal potentially not maintainable.

What were the issues?

The primary issue was the maintainability of the appeal before the High Court due to the tax effect being below the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

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.339 OF 2014

BETWEEN:

1.

COMMISSIONER OF INCOME TAX-III

C.R. BUILDINGS, QUEENS ROAD

BANGALORE-560001.

2.

DEPUTY COMMISSIONER OF INCOME TAX

CIRCLE-12(2), KARNATAKA, BANGALORE. ... APPELLANTS (BY Mr. E.I. SANMATHI, ADV.)

AND:

M/S. PRASAD TECHNOLOGY PARK PVT. LTD. NO.2/10, POOJARI LAYOUT 3RD FLOOR, 80 FEET ROAD RMV II STAGE, BANGALORE-94. ... RESPONDENT (BY Ms. JIMITA CHATTERJEE, ADV., FOR Mr. S. PARTHASARATHI, ADV.,)

- - -

THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 21-03-2014

PASSED IN ITA NO.303/BANG/2013, FOR THE ASSESSMENT YEAR 2009-10, 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 21-03-2014 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, ‘B’ BENCH, BANGALORE IN APPEAL PROCEEDINGS NO.ITA NO.303/BANG/2013 FOR ASSESSMENT YEAR 2009-10.

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. Smt.Prathiba, learned counsel for the assessee has entered appearance through video conferencing.

2.

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.

3.

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.

4.

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

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