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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH 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.164 OF 2014
BETWEEN:
THE COMMISSIONER OF INCOME TAX
C.R. BUILDING, QUEENS ROAD
BANGALORE.
THE INCOME-TAX OFFICER
WARD-5(2), UNITY BUILDING ANNEXE
MISSION ROAD, BANGALORE-560027. ... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.)
AND:
SHRI. ALAMPALLI SATHYANARAYANA C/O M/S. VISHNU BHARAT & CO., CA NO.7/8, 2ND FLOOR SHOUKATH BUILDING 6, MITTAL TOWERS, SJP ROAD BANGALORE-560005. ... RESPONDENT (BY SRI. A. SHANKAR, SR. COUNSEL A/W SRI. M. LAVA, ADV.) - - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 12-11-2013 PASSED IN ITA NO.21/BANG/2013, FOR THE ASSESSMENT YEAR 2009-10, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.21/BANG/2013 DATED 12-11-2013 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-5(2), BANGALORE.
THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.K.V.Aravind, learned counsel for the revenue. Mr.A.Shankar, learned Senior counsel for Mr.M.Lava, learned counsel for the respondent.
Learned counsel for the assessee submits that the tax effect in the instant appeal is Rs.98,05,604/- which is less than Rs.1 Crore and therefore, the appeal may not be maintainable in view of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes.
On the other hand, learned counsel for the revenue has asserted that as per the instructions received by him, the tax impact in the instant appeal is Rs.1,01,77,878/-.
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 Rs.1 Crore.
Sd/- JUDGE
Sd/- JUDGE