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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER 2020
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
I.T.A. NO.105 OF 2013
BETWEEN:
THE COMMISSIONER OF INCOME-TAX
C.R. BUILDING, QUEENS ROAD
BANGALORE.
THE ASST. COMMISSIONER OF INCOME-TAX
CIRCLE-11(5), C.R. BUILDING
QUEENS ROAD, BANGALORE. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.)
AND:
KMG INFOTECH PVT, LTD., UNIT NO.201/202 VANGUARD RISE NO.163 KONENA AGRAHARA OFF AIRPORT ROAD BANGALORE-560017. ... RESPONDENT (BY SRI. T. SURYANARAYANA, ADV.) - - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 31-10-2012
PASSED IN ITA NO.70/BANG/2012, FOR THE ASSESSMENT YEAR 2006-07, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.70/BANG/2012 DATED 31/10/2012 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-11(5), BANGALORE.
THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.K.V.Aravind, learned counsel for the revenue. Mr.T.Suryanarayana, learned counsel for the assessee.
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.
The aforesaid submission is disputed by the learned counsel for the appellants. He further submits
that he be granted liberty to revive the appeal in case the tax effect is more than `1 Crore.
In view of the aforesaid submissions, the appeal is disposed of with liberty to the revenue to revive this appeal in case the tax effect is more than `1 Crore.
Sd/- JUDGE
Sd/- JUDGE