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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.339 OF 2014
BETWEEN:
COMMISSIONER OF INCOME TAX-III
C.R. BUILDINGS, QUEENS ROAD
BANGALORE-560001.
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.
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