Ita/258/2015 Of Commissioner Of Income Tax v. L.m.wind Power Blades

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATBD THIS THR 1 DAY OF FEBRUARY, 2016 “PRESENT: THE HON’BLE MR.JUSTICE N.K. PATIL AND THE HON’BLE MRS.JUSTICE S. SUJATHA 1LT.A.NO. 258 OF 2015 Between: 1.Commissioner of Income Tax, C.R. Building, Bangalore. 2.Assistant Commissioner of Income Tax,Central Circle 11(5), Bangalore.Central Circle 11(5), Bangalore. ..Appellants (By Sri. E.I. Sanmathi, Advocate) And L.M. Wind Power Blades|(India) Private Ltd.,(Formerly known asL.M. Glass Fiber (India) Pvt. Ltd., )Nelmangala Taluk,Dobaspet, No.85, KIADB,Industrial Area, Bangalore District,PAN: ... Respondent KKK This ITA is filed U/s. 200A of the Income Tax Act,1961, praying to formulate the substantial question of law, ©allow the appeal and set aside the order passed by the|Income Tax Appellate Tribunal, “‘B’ Bench, Bangalore, in ITA No.1091/Bang/2010 dated 09/01/2015, for the assessmentyear 2000-2001. This ITA coming on for Orders, this day,N.K.PATIL J2ddelivered the following: -J U DGMEN T: This appeal by the Revenue is arising out of theimpugned order dated 09/01/2015, passed in ITA No. 1091 /Bang/2010,by theIncomeTax|AppellateTribunal, ‘B’ Bench, Bangalore, for considering the following substantial question of law: “WhetherOT]the factsand1nthe circumstances of the case, the Tribunal was/justified in law in annulling the re-assessment|order by holding that the notice under Section|148 dated 19/09/2005 is not served on assesSseewithout appreciating the fact that as could be)seen from the records, the notice was not only)issued but also served on assessee and as per)section 292BB, the assessee is precluded from)taking such contention when he has appeared|and contested the case?” 2. We have heard the learned counsel appearing for appellants, 3. During the course of submission, learnedcounsel appearing for appellants submitted, that in the light of the Circular dated 10[th]December 2015.bearing No.21/2015 issued by the.Central Board ot.Direct Taxes, since the subject matter involved in thiscase is less than Rs.20/- Lakhs, the appeal may bedisposed of as not maintainable. 4. The above submission made by learned counselfor the appellants is placed on record. Oo. In view of the submission made by learnedcounsel appearing for appellants and in the light of the Circulardated10[th]DecemberAO15bearingNo.21/20105issued by Central Board ofDirect Taxes,the appeal filed by the appellants is disposed of as notmaintainable. Ordered accordingly. SD/- JUDGE tsn* sD/- JUDGE