Ita/390/2023 Of The Pr. Commissioner Of Income Tax, Central v. M/S Barbeque Nation Hospitality Ltd

Digitallysigned byNIRMALADEVILocation:HIGH COURTOFKARNATAKA NC: 2024:KHC:33044-DB ITA No. 390 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19 DAY OF AUGUST, 2024 PRESENT THE HON'BLE MR JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE C.M. POONACHA INCOME TAX APPEAL No. 390 OF 2023 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME - TAX CENTRAL 3 FLOOR, C R BUILDING, QUEENS ROAD BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2 (2) 3 FLOOR, C R BUILDING QUEEN’S ROAD BENGALURU – 560 001. …APPELLANTS (BY SRI DILIP M, ADVOCATE) AND: M/s. BARBEQUE NATION HOSPITALITY LTD., No. 62, SITE No.13, 16 CROSS N S PALYA, BTM LAYOUT BENGALURU -560 076. PAN:AAKCS 3053N. …RESPONDENT (BY SRI MADHUSUDHAN U A, ADVOCATE) THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA No.488/BANG/2022 DATED 19.12.2022 FOR ASSESSMENT YEAR 2015-2016 ANNEXURE-C AND CONFIRM THE ORDER OF THE U/S 263 CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 2(2), BENGALURU AND ETC., THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR JUSTICE S.G.PANDIT) 1. This appeal is filed by the Revenue questioning the order passed by the Income Tax Appellate Tribunal, Bengaluru[1] in ITA No.488/Bang/2022 dated 19.12.2022 for the assessment year 2015-16 at Annexure-C to the appeal. 2. The Revenue has raised the following substantial questions of law: 1 Hereinafter referred to as the ‘Tribunal’ 1. "Whether, on the facts and in the circumstances of the case and law, the Tribunal is right in law in allowing appeal filed by assesse by holding that issues involved in the order passed under Section 143(3) r/w/s 153A are not based on incriminating materials found during course of search and as such assessment order cannot be said as erroneous and prejudical to interest of Revenue ignoring that Section 153A do not stipulate that there must be incriminating material to pass order under said section and as such there was no such requirement in law”? 2. "Whether, on the facts and in the circumstances of the case, Tribunal's order can be said as perverse in nature in not appreciating that conditions set out in Section 263 r/w Explanation 2 were fully satisfied to take up assessment order for revision proceedings”? 3. "Whether on the facts and in the circumstances of the case, the Tribunal’s order can be said as perverse in nature in ignoring mandate of Section 263 as well as Section 153A of the Act”? 3. Appeal was filed on 02.06.2023. Monetary value involved in this appeal is `64,40,611/- . Subsequent to filing of the appeal, Circular bearing No.5/2024 [F.No.279/Misc.142/2007-ITJ(PT.)] dated 15.3.2024 is issued under Section 265(A) of the Income Tax Act, 1961 prescribing monetary limit to prefer an appeal before the High Court. 4. In view of the above Circular, the appeal would not be maintainable since monetary value involved in this appeal is less than rupees one crore. Therefore, the above appeal would not survive for consideration and it is dismissed. 5. In view of the above, the substantial questions of law raised in the present appeal are kept open to be considered in an appropriate case. Sd/- (S.G.PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE