Ita/51/2015 Of The Commissioner Of Income Tax v. Smt. Sathya Prema, Since Dead Rep. By Lrs

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19[TH|]DAY OF JANUARY 2071 PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’‘’BLE MR. JUSTICE NATARAJ RANGASW ALT.A. NO.51 OF 2O15 BETWEEN: 1.|THE COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD BANGALORE. 2.|THE COMMISSIONER OF INCOME-TAX KARNATAKA (CENTRAL)| C.R. BUILDING, QUEENS ROAD BANGALORE. (BY MR. DILIP KUMAR, ADV., FOR MR. K.V. ARAVIND, ADV.,) | _... APPELLANTS AND: SMI. SATHYA PREMA| SINCE DEAD REP. BY LRS.. l(a). SHRI. K.M. NAGARAJ H/O SMT. SATHYA PREMA|AGED ABOUT 7/70 YEARAGED ABOUT 7/70 YEAR 465/10, 2ND BLOCK| 3RD CROSS, JAYANAGARA| KANAKANAPALYA, BANGALORE. 1(D). N. HARISH S/O SMT. LATE SATHYA PREMA| ®& K.M. NAGARAJ AGED ABOUT 36 YEARS| 465/10, 2ND BLOCK|3RD CROSS, JAYANAGARA|KANAKANAPALYA, BANGALORE.| (BY MR. A. SHANKAR, SR. COUNSEL FOR|MR. M. LAVA, ADV.,) .., RESPONDENTS| THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX|ACT 1961, ARISING OUT OF ORDER DATED 14.08.2014 PASSEDIN ITA NO.137/BANG/2012 FOR THE ASSESSMENT YEAR 2001-02,PRAYING TO: | (i) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW,STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERS.PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALOREIN ITA NO.137/BANG/2012 DATED 14.08.2014 AND CONFIRM THE.ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE.ORDER PASSED BY THE COMMISSIONER OF INCOME TAX,KARNATAKA (CENTRAL), BANGALORE. THIS ILT.A. COMING ON FOR’ HEARING, THIS DAY, | ALOK ARADHE J.,DELIVERED THE FOLLOWING: | JUDGMENT Mr.Dilip Kumar, learned counsel for Mr.K.V.Aravind,| learned counsel for the revenue. Mr.A.Snankar, learned Senior counsel for Mr.M.Lava, learned counsel for the assessee. Learned counsel for tne assessee submits tnat the tax|effect in this appeal is less than Rs.1 Crore and therefore, the appeal should not be entertained at the instance of the revenue in view of the Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes. It is also|submitted that the aforesaid Circular binds the revenue. 2. On the other hand, learned counsel for the revenue.submits that ne be granted liberty to revive the appeal incase the matter falis witnin the exceptions under theaforesaid Circular dated 08.08.2019. 3. In view of the aforesaid submissions, the appeal isdisposed of witn liberty as prayed for by the learned counselfor the revenue. Sd/-JUDGE RV Sd/-JUDGE