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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH 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.3 OF 2014
BETWEEN:
COMMISSIONER OF INCOME TAX
C.R. BUILDINGS, QUEENS ROAD
BENGALURU.
ASSISTANT COMMISSIONER OF INCOME-TAX
CIRCLE-12(3), BENGALURU. ... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.)
AND:
M/S. SHRIRAM CHITS (KARNATAKA) PVT. LTD., NO.259/31, 1ST FLOOR, 10TH CROSS WILSON GARDEN, BANGALORE-560027. ... RESPONDENT (BY SRI. BALRAM R. RAO, ADV.,) - - -
THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 14-08-2013 PASSED IN ITA NO.1315/BANG/2012 AND 1282/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO:
I. DECIDE THE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON’BLE COURT AS DEEMED FIT. II. SET ASIDE THE APPELLATE ORDER DATED 14-08-2013 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, “B” BENCH, BANGALORE, IN APPEAL PROCEEDINGS NO.ITA NO.1315/BANG/2012 AND ITA NO.1282/BANG/2012 FOR THE ASSESSMENT PERIOD 2008-09 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT.
THIS I.T.A. COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.E.I.Sanmathi, learned counsel for the revenue. Mr.Balram R.Rao, 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