Ita/103/2010 Of The Commissioner Of Income Tax v. Shri A K Prashanth

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5[‘T]DAY OF JANUARY 2O16 PRESENT. THE HON’BLE MR.JUSTICE N K PATIL AND THE HON’BLE MRS.JUSTICE S SUJATHA ITA NO.103/2010 BETWEEN 1.The Commissioner otf Income-tax Park View Building No.284/1, 4[‘T]Main PJ Extension, Davanagere-95/7002 Do The Income-tax OfficerWard-2 , Park View BuildingNo.284/1, 4 MainWard-2 , Park View BuildingNo.284/1, 4 Main PJ Extension Davanagere-5//002 .. Appellants. (By Sri K.V.Aravind, Advocate) AND Shri A.K.Prashanth M/s. Athani Brothers Industries Bamboo Bazar, Davanagere. ... Respondent (By Sri Chythanya K.K, Advocate) This Income-tax appeal is filed under Section 260-A_of Income-tax Act 1961, to set aside the order passed bythe ITAT, Bangalore in ITA No.987/Bang/2008 dated30.10.2009 and confirm the order passed by theCommissioner of Income-tax Officer, ward-2, Davanagere,in the interest ofjustice and equity. This appeal coming on for Hearing this day,|N. K. Patil. Jadelivered the following: JUDGMENT This appeal is by the revenue questioning the)correctness of the order dated 30.10.2009 passed in ITANo.987/Bang/2008 on the file of the Income TaxAppellate Tribunal, Bangalore and confirm the orderpassed by the Commissioner of Income Tax (A), Hubli andthe order passed by the Assistant Commissioner ofIncome Tax, Ward-2, Davanagere to consider the followingsubstantial question of law. ‘Whether the Tribunal was correct inholding that the notice and reassessment orderpassed by the Assessing Officer is withoutjurisdictionas|the Samevestedwith|ACIT/DCIT when such a objection had notbeen raised within one month as _ requireu/ s.124(3) of the Act? ?)Heard the learned counsel appearing for the|appellants and learned counsel appearing for therespondent. 34At the outset, learned Counsel for the) respondent submitted that in view of the Circular bearingNo.21/2015, dated 10.12.2015, since the subject matter is less than Rs.20 lakhs, the appeal is not maintainablebefore this Court. Therefore the appeal may be disposedof. 4 In reply, learned Counsel for the appellants|has not disputed the submission made by the learnedcounsel for the respondent. 5Submission of learned counsel for the parties is placed on record. 6,This appeal is disposed of, following the|circular bearing No.21/2015, F.No.279/Misc.142 /2007- ITI (Pt) issued by the Government of India, Ministry ofFinance, Department of Revenue, Central Board DirectTaxes dated 10.12.2015. Ordered accordingly. brn Sd/- | JUDGE. Sd/-) JUDGE