THE COMMISSIONER OF INCOME TAX vs. M/S INDIAN INSTITUTE OF SCIENCE

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ITA/356/2017HC KarnatakaKAHC01032240201714 July 2021Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal, granting the revenue liberty to revive it if the case falls under the exceptions of the CBDT circular. The substantial questions of law were kept open for future adjudication.

What were the facts?

The revenue filed an appeal against an ITAT order. The assessee's counsel pointed out that the tax effect was below the threshold specified in CBDT Circular No. 17/2019, making the appeal not maintainable. The revenue sought liberty to revive the appeal if exceptions applied.

What were the issues?

Whether the appeal filed by the revenue is maintainable in light of the CBDT circular regarding tax effect threshold. Whether the substantial questions of law should be decided at this stage.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR I.T.A. NO.356 OF 2017 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX

NO.59, HMT BHAVAN

4TH FLOOR, BALLARI ROAD

GANGANAGAR, BENGALURU-560032. 2. THE ASST. COMMISSIONER OF INCOME-TAX

CIRCLE-2(1), NO.59, HMT BHAVAN

4TH FLOOR, BALLARI ROAD

GANGANAGAR, BENGALURU-560032.

... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.) AND: M/S. INDIAN INSTITUTE OF SCIENCE DR. C.V. RAMAN ROAD MALLESHWARAM, BENGALURU-560012 PAN:AAAT 11501J.

... RESPONDENT (BY SMT. KAVITHA JHA, ADV., FOR SRI. PRASHANTH KUMAR D, ADV.,) - - -

2 THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 11.08.2016 PASSED IN C.O.NO.24/BANG/2016, FOR THE ASSESSMENT YEAR 2011-12, PRAYING TO.

I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN C.O.NO.25/BANG/2016 DATED:11.08.2016 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX (TDS), CIRCLE-2(1), BENGALURU & ETC., 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. Smt.Kavitha Jha, learned counsel for the assessee. 2. Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.1 Crore and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue. 3. On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the appeal in

3 case the matter falls within the exceptions under the aforesaid Circular dated 08.08.2019. 4. 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/- JUDGE Sd/- JUDGE RV

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