Ita/166/2024 Of The Pr Commissioner Of Income Tax v. M/S Silicon Estates

NC: 2024:KHC:41541-DBITA No. 166 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30 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. 166 OF 2024 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME TAX, 5TH FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU – 560095 2. THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4) PRRESENT ADDRESS ITO, WARD-1(2)(1), 2ND FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA, BENGALURU - 560095 …APPELLANTS (BY SRI. DILIP M, ADVOCATE A/W Digitallysigned by SRI. Y V RAVIRAJ .,ADVOCATE) BHARATHI SLocation:HIGH COURTAND:OFKARNATAKAM/S SILICON ESTATES, 14, 6TH FLOOR, GENEVA HOUSE, CUNNINGHAM ROAD, BENGALURU - 560001 PAN - REP BY MANAGING DIRECTOR …RESPONDENT (RESPONDENT SERVED) THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, PRAYING FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, TO - 2 - ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BENGLAURU IN ITA NO. 25/BANG/2021 DATED 04.12.2023 FOR ASSESSMENT YEAR 2013-2014 ANNEXURE-A AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-1 (2) (1), BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, 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. Dilip. M., along with Sri. Raviraj. Y.V., for appellants/Revenue. 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 04.12.2023 passed by the Income Tax Appellate Tribunal, ‘A’ Bench, Bengaluru (for short, ‘Appellate Authority’) in ITA.No.25/Bang/2021 for the assessment year 2013-14, raising the following substantial questions of law: “1. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in allowing deduction under circumstances of the case, the Tribunal is right in law in allowing deduction under section 80IB(10),without appreciating that the assessee violated clause (e) and (f) of section 80IB by allotting more than one residential units in the housing project to any person not being an individual? 2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in allowing proportionate relief even though the explanatory circular No.5/2010 dated 3.3.2010 mandates that the conditions contained in clauses (a) to (f) of section 80IB(10) are cumulative compliance, therefore for deduction under section 80IB(10) all the conditions specified in clause would have to be met in full?” 3. It is noticedthat the tax effect in this appeal is less than Rs.2 Crores and therefore, the appeal would not be maintainable 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. 4. 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. 5. 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 questions of law are kept open to be adjudicated in an appropriate proceeding. Sd/- (S.G.PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE BS List No.: 4 Sl No.: 20