Ita/356/2017 Of The Commissioner Of Income Tax v. M/S Indian Institute Of Science

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 14TH DAY OF JULY 20271 PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR. ILT.A. NO.356 OF 2017 BEITWEEN 1. THE COMMISSIONER OF INCOME-TA® NO.59, HMT BHAVAN| 41TH FLOOR, BALLARI ROAD GANGANAGAR, BENGALURU-560032. 2. THE ASST. COMMISSIONER OF INCOME-TAX. CIRCLE-2(1), NO.59, HMT BHAVAN 41TH FLOOR, BALLARI ROAD GANGANAGAR, BENGALURU-560032. .., APPELLANTS (BY SRI. K.V. ARAVIND, ADV.) AND M/S. INDIAN INSTITUTE OF SCIENCEDR. C.V. RAMAN ROADMALLESHWARAM, BENGALURU-560012PAN:AAAT 11501. .., RESPONDENT| (BY SMT. KAVITHA JHA, ADV., FORSRI. PRASHANTH KUMAR D, ADV.,) THIS I.T.A. IS. FILED UNDER SECTION 260-A OFI.T.ACT, 1961 ARISING OUT OF ORDER DATED 11.08.2016PASSED IN C.0O.NO.24/BANG/2016, FOR THE ASSESSMENTYEAR 2011-12, PRAYING TO. I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW|STATED THEREIN.. II]. ALLOW THE APPEAL AND SET ASIDE THE ORDERPASSED|BY.THE|ITAT, BANGALORE.IN|C.0.NO.25/BANG/2016DATED:11.08.2016|CONFIRMINGTHE ORDER OF THE APPELLATE COMMISSIONER ANDCONFIRM|THEORDER.PASSED|BY|THE|ASST.COMMISSIONER OF INCOME TAX (TDS), CIRCLE-2(1),|BENGALURU ®& EIC. THIS I.T.A. COMING ON FOR HEARING, THIS DAY,|ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Smt.Kavitha Jha, learned counsel for the assessee. ?. Learned counsel for the assessee submits that the|tax effect in this appeal is less than Rs.1 Crore and therefore,the appeal should not be entertained at the instance of therevenue in view of the Circular No.17/2019 dated 08.08.2019issued by the Central Board of Direct Taxes. It is also|submitted that the aforesaid Circular binds the revenue. 3. On the other hand, learned counsel for the revenue.submits that ne be granted liberty to revive the appeal in case the matter falls within the exceptions under theaforesaid Circular dated 08.08.7019. 4. In view of the aforesaid submissions, the appeal isdisposed of with liberty as prayed for by the learned counselfor the revenue. However, the question of law is kept opento be adjudicated in an appropriate proceeding. Sd/-—JUDGE Sd/-JUDGE RY|