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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER 2020
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
I.T.A. NO.380 OF 2013
BETWEEN:
THE COMMISSIONER OF INCOME-TAX
C.R. BUILDING, QUEENS ROAD
BANGALORE.
THE DEPUTY COMMISSIONER OF INCOME-TAX
CIRCLE-11(1), RASHTROTHANA BHAVAN
NRUPATHUNGA ROAD, BANGALORE. ... APPELLANTS (BY Mr. K.V. ARAVIND, ADV.,)
AND:
M/S. AGNUS HOLDINGS PVT. LTD., STAR II, OPP: IIMB, BILEKAHALLI BANNERGHATTA MAIN ROAD BANGALORE-560076. ... RESPONDENT (BY Ms. PRATHIBHA R, ADV., FOR Mr. S. PARTHASARATHI, ADV.,)
- - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 28-03-2013
PASSED IN ITA NO.941/BANG/2011, FOR THE ASSESSMENT YEAR 2007-08, 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 ITA NO.941/BANG/2011 DATED 28-03-2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), 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. Smt.Prathiba R., learned counsel for Mr.S.Parthasarathi, 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 issued by the Central Board of Direct Taxes.
On the other hand, learned counsel for the revenue submits that he be granted liberty to revive the
appeal in case the matter falls within the exceptions under the aforesaid Circular dated 08.08.2019.
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