Ita/199/2022 Of Pr. Commissioner Of Income Tax-2 v. M/S Harman Connected Services Cororation Private Ltd

Digitally signed byLAKSHMINARAYANNLocation: High Courtof Karnataka NC: 2025:KHC:6418-DBITA No. 199 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13 DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA INCOME TAX APPEAL NO. 199 OF 2022 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX-2, BMTC COMPLEX, KORAMANGALA, BANGALORE. BMTC COMPLEX, KORAMANGALA, BANGALORE. 2. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE -12, BENGALURU. …APPELLANTS (BY SRI. SANMATHI E I., ADVOCATE) AND: M/S. HARMAN CONNECTED SERVICES CORPORATION PRIVATE LTD., (FORMERLY KNOWN AS CORE OBJECTS INDIA PVT LTD.,) PLOT NO.3 AND 3A, EOIZ INDUSTRIAL AREA, SURVEY NO. 55,56 SADARMANGALA VILLAGE, KRISHNARAJAPURAM HOBLI,BANGALORE – 66. …RESPONDENT (BY SRI. MANASA ANANTHAN, ADVOCATE FOR SRI. TANMAYEE RAJKUMAR, ADVOCATE) THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 12/02/2020 PASSED IN IT(TP)A NO.248/BANG/2014, FOR THE ASSESSMENT YEAR 2009-2010. PRAYING TO (1) 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. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND AND HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Heard the learned counsel Shri.Sanmathi.E.I., for the Appellants/Revenue and Ms.Tanmayee Rajkumar, learned counsel for the Respondent/Assessee. 2. The Revenue is in appeal under Section 260-A of the Income Tax Act, 1961 questioning the correctness and legality of order dated 12.02.2020 passed by the Income-Tax Appellate Tribunal, ‘A’ Bench, Bengaluru (for short, ‘Appellate Authority’) in IT(TP)A No.248/Bang/2014 for the Assessment Year 2009-2010. 3. 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. 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. In view of the aforesaid submissions, the Appeal is disposed off with liberty as prayed for by the learned counsel for the Revenue, without admitting the Appeal. However, the question of law is kept open to be adjudicated in an appropriate proceeding. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE