Ita/178/2013 Of Commissioner Of Income Tax v. Mc Dowell And Co Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 9 DAY OF OCTOBER 2020| PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD 1LT.A. NO.178 OF 2013 BEI|WEEN 1.COMMISSIONER OF INCOME-TAX CENTRAL REVENUE BUILDINGS QUEENS ROAD, BANGALORE-560001. 2).THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-2(3), BANGALORE. ... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.,) AND" MC. DOWELL & CO. LTD,(NOW KNOWN AS UNITED SPIRITS LTD.,)UB TOWERS, NO.24VITTAL MALLYA ROADBANGALORE-560001. ~.. RESPONDENT| (BY SRI. T. SURYANARAYANA, ADV.) THIS kI§I.T.A. IS FILED UNDER SECTION 2600-AI.T.ACT, 1961, ARISING OUT OF ORDER DATED 12-10-2012|PASSED IN ITA NO.187/BANG/2011, FOR THE ASSESSMENTYEAR 1994-95, PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW|STATED THEREIN.» II. SET ASIDE THE APPELLATE ORDER OF THE ITAT, ‘C|BENCH, BANGALORE IN ITA NO.187/BANG/2011 DATED 12-10-2012, AS SOUGHT FOR IN THIS APPEAL. THIS I.7T.A. COMING ON FOR FINAL HEARING, THISDAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.E.I.Sanmathi, learned counsel for the revenue|has entered appearance through video conferencing. Mr.T.Suryanarayana,learnedcounsel for.the|aSSeSSAE., ?. Learned counsel! for the assessee submits thatthe tax effect in this appeal is less than41 Crore andtherefore, the appeal may not be maintainable in view ofthe Circular No.1/7/2019 dated 08.08.2019 issued by theCentral Board of Direct Taxes. 3. On the other hand, learned counsel for therevenue submits that he be granted liberty to revive the appeal in case the matter falls within the exceptionsunder the aforesaid Circular dated 08.08.2019. 4. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counse|l for the revenue RV| Sd/-JUDGE Sd/-"JUDGE