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HC-KAR NC: 2025:KHC:30191-DB ITA No. 590 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND INCOME TAX APPEAL NO. 590 OF 2023 BETWEEN:
THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095.
THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(4)/ CIRCLE-3(1)(2)/CIRCLE-3(1)(3)/ CIRCLE-3(1)(1), PRESENT ADDRESS, DCIT CIRCLE-3(1)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU-560095. …APPELLANTS
(BY SRI. Y.V. RAVIRAJ, SENIOR STANDING COUNSEL)
AND:
M/S. HEMAVATHY POWER AND LIGHT PVT. LTD., SUIT NO.707 AND 702, 7TH FLOOR, PRESTIGE MERIDIAN II, M G ROAD, BENGALURU-560001. …RESPONDENT
(BY SRI. MADHUSUDHAN U.A., ADV.)
THIS INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 23.06.2022 PASSED IN ITA NO.2717/BANG/2018, FOR THE ASSESSMENT YEAR 2011-2012,
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30191-DB ITA No. 590 of 2023
PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.2717/BANG/2018 DATED 23.06.2022 FOR ASSESSMENT YEAR 2011-2012 ANNEXURE-A AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(1), BENGALURU AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned counsel Sri.Y.V.Raviraj, senior standing counsel for appellant and learned counsel Sri.Madhusudhan.U.A., for respondent. Perused the entire appeal papers.
It is pointed out that the tax effect in the above appeal is Rs.1,58,80,495/-. Under Circular No.09/2024 dated 17.09.2024, the Ministry of Finance, Department of
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HC-KAR NC: 2025:KHC:30191-DB ITA No. 590 of 2023
Revenue, Central Board of Direct Taxes has enhanced the Monetary Limit to file appeals before the High Court to Rs.2,00,00,000/-. The said circular would apply even to pending appeals also.
In the light of the above, the appeal is dismissed as not maintainable. However, liberty is granted to the appellants to seek revival of the appeal, if any exceptions are made out.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
NC CT:bms List No.: 1 Sl No.: 7