THE ASSISTANT COMMISSIONER vs M/S SHETTY CONSTRUCTIONS

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HC-KAR NC: 2025:KHC-K:2833-DB ITA No. 200001 of 2021

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE Mrs JUSTICE K S HEMALEKHA

INCOME TAX APPEAL NO. 200001 OF 2021 BETWEEN: THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KALABURAGI-585101.

…APPELLANT (BY SRI TIRUMALESH M, ADVOCATE)

AND:

M/S SHETTY CONSTRUCTIONS SHETTY ENCLAVE, ALAND ROAD, KALABURAGI-585 103. PAN NO.AAFFS18811G

…RESPONDENT

THIS ITA FILED IS U/S.260 (A) OF THE INCOME TAX ACT, PRAYING TO ALLOW THIS APPEAL AND TO SET ASIDE THE FINAL ORDER DATED 12.02.2020 PASSED IN ITAT NO.286 (BANG)/2019 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU BENCH ‘A’, BENGALURU PARTLY SETTING ASIDE THE ORDER DATED 20.12.2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), KALABURAGI

Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

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HC-KAR NC: 2025:KHC-K:2833-DB ITA No. 200001 of 2021

IN APPEAL NO.204804031/CIT(A)/KLB /2016-17 ARISING OUT OF THE ASSESSMENT ORDER DATED 31.03.2016 PASSED BY THE APPELLANT HEREIN THE ACIT, C-I, KALABURAGI IN RESPECT OF THE ASSESSEE/RESPONDENT.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE Mrs JUSTICE K S HEMALEKHA

ORAL JUDGMENT (PER: HON'BLE Mrs JUSTICE K S HEMALEKHA)

With consent of learned counsel for the appellant, the matter is taken up for final disposal.

Heard the learned counsel for the appellant and perused the papers.

The present appeal is preferred by the Revenue, assailing the correctness and legality of the order dated 12.02.2020 passed in ITAT No.286 (Bang)/2019 on the file of the Income Tax Appellate Tribunal, Bengaluru, (‘ITAT’ for short), partly setting aside the order dated 20.12.2018

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HC-KAR NC: 2025:KHC-K:2833-DB ITA No. 200001 of 2021

passed by the Commissioner of Income Tax (Appeals), Kalaburagi in Appeal No.204804031/CIT(A)/KLB/2016-17, arising out of the assessment order dated 31.03.2016 passed by Revenue. 3. In an appeal preferred by the Revenue in the case of THE PR COMMISSIONER OF INCOME TAX, BENGALURU & ANR. VS. M/S BHAKTA MARKANDESHWARA MINERALS1, this court taking into consideration the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes, held the appeal is not maintainable, noticing that the tax effect is less than Rs.2 Crores. It is not in dispute that even in the present appeal, tax effect is less than Rs.2 Crores. Thus, the appeal is not maintainable at the instance of the Revenue. 4. At this stage, the learned counsel for the appellant/Revenue seeks to reserve liberty to the appellant to revive the appeal in the event the case falls

1 ITA NO.144/2021. D.D.23.09.2024

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HC-KAR NC: 2025:KHC-K:2833-DB ITA No. 200001 of 2021

within the exceptions of the Circular No.9/2024 dated 17.09.2024 and Circular No.5/2024 dated 15.03.2024.

In light of the above submissions, the appeal stands disposed of with liberty as prayed for by the learned counsel for the Revenue to seek revival of the appeal in accordance with law, if so advised.

Sd/- (MOHAMMAD NAWAZ) JUDGE

Sd/- (K S HEMALEKHA) JUDGE

SWK List No.: 1 Sl No.: 18 CT-JLR

THE ASSISTANT COMMISSIONER vs. M/S SHETTY CONSTRUCTIONS