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HC-KAR NC: 2025:KHC-D:8199-DB ITA No. 100009 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND INCOME TAX APPEAL NO.100009 OF 2022 BETWEEN:
THE PR. COMMISSIONER OF INCOME TAX, NAVANAGAR, HUBLI.
THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BALLARI-583103. …APPELLANTS (BY SMT. ROOPA ANAVEKAR, ADVOCATE AND SRI. M. THIRUMALESH, ADVOCATE)
AND:
M/S. GOGGA GURUSANTHAIAH AND BROTHERS, MINE OWNER, P.B. NO.4, NEHRU CO OPERATIVE COLONY, HOSAPETE-583201, PAN: AACFG 6895 M. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU BENCHES “C” BENGALURU, BENGALURU IN ITA NO.3319/BANG/2018, DATED 28.07.2021 FOR THE A/Y 2015-16 MARKED AS ANNEXURE-A AND CONFIRM THE ORDER DATED 29.12.2017 PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BELLARY FOR THE A.Y. 2015-16 AS ENCLOSED AND MARKED AS ANNEXURE C AND ETC.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-D:8199-DB ITA No. 100009 of 2022
THIS INCOME TAX APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
It is noticed that the tax effect in this appeal is less than ₹2 Crores and therefore, the appeal would not be maintainable at the instance of the revenue in view of the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue. 2. 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 17.09.2024 and Circular No.5/2024 dated 15.03.2024. 3. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for
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HC-KAR NC: 2025:KHC-D:8199-DB ITA No. 100009 of 2022
the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.
Sd/- (R.DEVDAS) JUDGE
Sd/- (K V ARAVIND) JUDGE
CLK CT: UMD List No.: 1 Sl No.: 0