COMMISSIONER OF INCOME TAX vs. MC DOWELL AND CO LTD

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.180 OF 2013 BETWEEN: 1. COMMISSIONER OF INCOME TAX

CENTRAL REVENUE BUILDING

QUEENS ROAD, BANGALORE-560001. 2. THE ASSISTANT COMMISSIONER OF

INCOME TAX, CIRCLE 2(3), BANGALORE. ... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.) AND: Mc. DOWELL & CO. LTD., (NOW KNOWN AS UNITED SPIRITS LTD.,) UB TOWERS, NO.24 VITTAL MALLYA ROAD BANGALORE-560001. ... RESPONDENT (BY SRI. SURYANARAYANA T, ADV.) - - - THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 12-10-2012 PASSED IN ITA NO.189/BANG/2011, FOR THE ASSESSMENT YEAR 2002-03, PRAYING TO:

2 I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. II. SET ASIDE THE APPELLATE ORDER DATED 12-10-2012 PASSED BY THE ITAT, 'C' BENCH, BANGLORE IN ITA NO.189/BANG/2011, AS SOUGHT FOR IN THIS APPEAL. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr.E.I.Sanmathi, learned counsel for the revenue. Mr.T.Suryanarayana, 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

3 appeal in 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. Sd/- JUDGE Sd/- JUDGE RV