Ita/237/2017 Of Pr Commissioner Of Income Tax v. M/S Rajesh Exports Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28[tn]DAY OF SEPTEMBER 2020. PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE M.I. ARUN.1LT.A. NO.237 OF 2017 BEI|WEEN 1.PR. COMMISSIONER OF INCOME TAX CENTRAL.QUUENS ROAD, BANGALORE.QUUENS ROAD, BANGALORE. 2.THE DEPUTY COMMISSIONER OF INCOME TAX.CIRCLE-12(4), BANGALORE.CIRCLE-12(4), BANGALORE. _.. APPELLANTS (BY SRI. E.I1. SANMATHI, ADV.) AND" M/S. RAJESH EXPORTS LTDNO.4, BATAVIA CHAMBERS|K.R. ROAD, K.P. WEST|BANGALORE-560001PAN: AAACR8642N. ... RESPONDENT (BY SRI. SAMPATH KUMAR K, ADV.,) THIS kI§I.T.A. IS FILED UNDER SECTION 2600-AI.T.ACT, 1961, ARISING OUT OF ORDER DATED 31-05-2016|PASSED IN ITA NO.859/BANG/2010, FOR THE ASSESSMENTYEAR 2006-07, VIDE ANNEXURE-A PRAYING TQ: I. 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. II. SET ASIDE THE APPELLATE ORDER DATED 31-05-2016|PASSED BY THE ITAT, A’ BENCH, BANGALORE, IN APPEAL.PROCEEDINGS ITA NO.859/BANG/2010 DATED 31-5-2016|FORASSESSMENT|YEAR2006-07(PRODUCEDAS|ANNEXURE-A), AS SOUGHT FOR IN THIS APPEAL; AND TO,GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE!INTEREST OF JUSTCE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.E.I.Sanmathi, learned counsel for the revenue. Mr.Sampath Kumar K., learned counsel for the|aSSeSsSee. ?. Learned counsel! for the assessee submits thatthe tax effect in this appeal is less than41 Crore andtnerefore, 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