Ita/117/2016 Of The Pr Commissioner Of Income Tax v. Shri Ashok Shetty

Digitally signed by B LAVANYALocation:HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25 DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL NO.117 OF 2016 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME TAX, CIT(A), ATTAVARA, C.R. BUILDING, MANGALURU - 575 001. MANGALURU - 575 001. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, AAYAKAR BHAVAN, MALPE ROAD, AADIUDUPI, AADIUDUPI, AMBALAPODI PO, UDUPI - 576 103. …APPELLANTS (BY SRI. SANMATHI E.I, ADVOCATE) - 2 - NC: 2024:KHC:39915-DB ITA No. 117 of 2016 AND: SHRI. ASHOK SHETTY, PROP: M/S. ASHOK IMPEX, RAJ TOWERS, OPP: CITY BUS STAND, UDUPI - 576 101, PAN: ADBPM 5671P. …RESPONDENT (BY SRI. M. LAVA, ADVOCATE) THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED14/08/2015 PASSED IN ITA NO.1562/BANG/2014, FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO 1. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT) Heard the learned counsel Sri.Sanmathi.E.I., for appellants/Revenue and learned counsel Sri. M.Lava for respondent/assessee. 2. The Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 (for short, ‘the Act’) questioning the correctness and legality of order dated 14.08.2015 passed by the Income Tax Appellate Tribunal, ‘B’ Bench, Bengaluru (for short, ‘Appellate Authority’) in ITA.No.1562/Bang/2014 for the assessment year 2011-12. 3. This Court, admitted the appeal on 03.10.2017 to consider the following substantial question of law: 1. "Whether the Tribunal is correct in law in holding that the assessee is entitled for deduction under section 10A/10B of the Act when the assessee had failed to satisfy all the requirements under said section and as it is a case of exemptions the strict interpretation was required to be done in the case of assessee"? 4. Learned counsel for the assessee submits that the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.09/2024 dated 17.09.2024 issued by the Central Board of Direct Taxes. It is also submitted that the aforesaid Circular binds the revenue. 5. 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 17.09.2024 and Circular No.5/2024 dated 15.03.2024. 6. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. However, the question of law is - 5 - NC: 2024:KHC:39915-DBITA No. 117 of 2016 kept open to be adjudicated in an appropriate proceeding. Sd/- (S.G.PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE SMJ List No.: 2 Sl No.: 0