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NC: 2024:KHC:41179-DB ITA No. 719 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL NO.719 OF 2018 BETWEEN:
THE PR. COMMISSIONER OF INCOME-TAX, CIT (A) 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU - 560 095
THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE - 2(2) PRESENT ADDRESS ITO WARD -6(3) (4) 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORAMANGALA BENGALURU-560 095 …APPELLANTS
(BY SRI. DILIP.M., ADVOCATE ALONG WITH SRI. RAVIRAJ Y.V., ADVOCATE)
Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA
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NC: 2024:KHC:41179-DB ITA No. 719 of 2018
AND:
SMT. AMBIKA GHORPADE NO.3, LEGACY CASERO, JAKKUR PLANTATION , BENGALURU - 560 064 PAN : AAVPG1908N …RESPONDENT (BY SRI. K.R.PRADEEP., ADVOCATE)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO. 829/BANG/2015 DATED 10/04/2018 FOR ASSESSMENT YEAR 2009-2010 (ANNEXURE-C) AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-634, BENGALURU AND ETC.
THIS APPEAL IS COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE C.M. POONACHA
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NC: 2024:KHC:41179-DB ITA No. 719 of 2018
ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT)
Heard the learned counsel Sri.Dilip.M., along with Sri. Raviraj.Y.V., learned counsel for appellants/Revenue and Sri. K.R.Pradeep, learned counsel for respondent/assessee.
The Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 (for short, ‘the Act’) questioning the correctness and legality of order dated 10.04.2018 passed by the Income Tax Appellate Tribunal, ‘C’ Bench, Bengaluru (for short, ‘Appellate Authority’) in ITA.No.829/Bang/2015 for the assessment year 2009-10.
This
Court,
admitted the appeal on 21.09.2020 to consider the following substantial questions of law: 1. Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that the statement recorded and materials seized from Sri. Bharat S. Ghorpade and Mr. Karthikeya Ghorpade cannot be relied on in the case of the
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NC: 2024:KHC:41179-DB ITA No. 719 of 2018
assessee on the ground that the premises does not belong to the assessee, when Sri. Bharat S. Ghorpade was the key person looking after the business of the assessee and the seized material has a nexus with the business carried on and transactions reflected in cheque have been corroborated with the books of accounts maintained by the assessee and recorded perverse finding?
Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that the seized material found in the premises of Sri. Bharat S. Ghorpade and Sri. Karthikeya Ghropade cannot be relied on in the case of the assessee, when the seized material is relatable to the business carried on by the assessee and has nexus with the books of accounts maintained by the assessee?.
Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that statements recorded and seized material found from Sri. Bharat S. Ghorpade and Sri. Karthikeya Ghorpade cannot be relied on in the case of the assessee, when assessee was provided with the statements recorded and the seized material for its response, which the assessee could not disprove the contents of the seized material nor the
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NC: 2024:KHC:41179-DB ITA No. 719 of 2018
statements made by the above referred persons were disproved and recorded perverse finding?.
Whether on the facts and in the circumstances of the case, the tribunal is right in deleting the disallowance towards bogus expenditure on the ground that the statements recorded from Sri. KV Balan, Senior Manager, Shri Anthony Balaraj, junior assistant and Shri Bharat Ghorpade and the seized material was not provided to the assessee, when the seized material and the statements were provided to the assessee along with the show cause notice and the same is being replied by the assessee and recorded perverse finding?"
Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal should not be entertained 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.
On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the
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NC: 2024:KHC:41179-DB ITA No. 719 of 2018
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.
In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. However, the question of law is kept open to be adjudicated in an appropriate proceeding.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (C.M. POONACHA) JUDGE
SMJ List No.: 2