COMMISSIONER OF INCOME TAX vs SHRI ASHOK KUMAR MALPANI

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5TH DAY OF JUNE, 2020

PRESENT

THE HON’BLE MR.JUSTICE ALOK ARADHE

AND

THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR

INCOME TAX APPEAL NO.202/2011

BETWEEN:

COMMISSIONER OF INCOME TAX

C.R.BUILDING, QUEENS ROAD,

BANGALORE.

ASSISTANT COMMISSIONER OF INCOME TAX,

CIRCLE-1(2), BANGALORE.

… APPELLANTS

(BY SRI JEEVAN J.NEERALGI, ADVOCATE)

AND:

SHRI. ASHOK KUMAR MALPANI NO.45, INDUSTRY HOUSE, RACE COURSE ROAD, BANGALORE. … RESPONDENT

(BY SMT. JINITA CHATTERJEE, ADVOCATE FOR SRI S.PARTHASARATHY, ADVOCATE)

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED 23.02.2011 PASSED IN IT(SS)A NO.36/BANG/2008,

FOR THE BLOCK PERIOD 1.4.1996 TO 21.12.2002, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN (II) SET ASIDE THE APPELLATE ORDER DATED 23.02.2011 PASSED BY THE ITAT, ‘B’ BENCH, BANGALORE IN APPEAL PROCEEDINGS NO.IT(SS)A NO.36(BANG)/2008 DATED 23.02.2011 AS SOUGHT OF FOR IN THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR HEARING THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:-

JUDGMENT

Sri Jeevan J. Neeralgi, learned counsel for the appellants.

Smt. Jinita Chattergee on behalf of Sri S.Parthasarathi, learned counsel for the respondent.

Smt. Jinita Chatterjee, learned counsel for the assessee submits that the appeal filed by the revenue is not maintainable in view of the Circular issued by the Central Board of Direct Tax bearing No. 17/2019 dated 08.08.2019 as the tax impact is less than Rs.1 Crore.

The aforesaid statement is not disputed by the learned counsel for the appellants.

In view of the aforesaid submission, the appeal is disposed of with liberty to the revenue to revive the same as and when the occasion so arises.

Sd/- JUDGE

COMMISSIONER OF INCOME TAX vs. SHRI ASHOK KUMAR MALPANI