Ita/610/2017 Of Pr Commissioner Of Income Tax-5 v. M/S Net Scout Systems

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE JZOTH DAY OF NOVEMBER 2707PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD1T.A. NO.610 OF 2017 BEITWEEN 1.PR. COMMISSIONER OF INCOME TAX-5. BMTC COMPLEX, KORMANGALA BANGALORE. 2D.THE DY. COMMISSIONER OF INCOME TAX. CIRCLE 12(2), BMTC COMPLEX KORMANGALA, BANGALORE. _ _.. APPELLANTS (BY SRI. E.I1. SANMATHI, ADV.) AND M/S. NET SCOUT SYSTEMSSOFTWARE INDIA P. LTD.,.(FORMERLY KNOWN AS NETWORK,GENERAL SOFTWARE INDIA PVT. LTD)EMBASSY ICON, GROUND FLOOR|NO.3, INFANTRY ROAD, BANGALORE-O1PAN: AAICSOQO44E. ... RESPONDENT (BY SMT. SHREYA, ADV., FOR SRI. MALLAHARAO K, ADV., FOR.SRI. NAGESWAR RAO, ADV.,) THIS I.T.A. IS. FILED UNDER SECTION 260-A OFI.L.T.ACT, 1961, ARISING OUT OF ORDER DATED 15-02-201PASSED IN ITA NO.1479/BANG/2010, FOR THE ASSESSMENTYEAR 2006-07, PRAYING TO: I. DECIDE THE FOREGOING QUESTION OF LAW AND/ORSUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATEDBY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDETHE APPELLATE ORDER DATED 15-02-2017 PASSED BY THE|INCOME TAX APPELLATE TRIBUNAL, A BENCH, BENGALURUAS SOUGHT FOR IN THE RESPONDENT-ASSESSEE'S CASE,IN APPEAL PROCEEDINGS IN ITA NO.14/79/BANG/2010 FORAY 2006-07 & GRANT SUCH OTHER RELIEF AS DEEMED FII,IN THE INTEREST OF JUSTICE. THIS IL.T.A. COMING ON FOR HEARING, THIS DAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.E.1.Sanmatni, learned counsel for the revenue. Smt.Snreya, learned counsel for Mr.Mallanarao K.,|jiearned counsel for tne assessee. 2. Learned counsel for the assessee submits thatthe tax effect in this appeal is less than Rs.1 Crore andtherefore, the appeal snould not be entertained at theinstance of tne revenue in view of tne 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. 3. On the other hand, learned counsel for the|revenue submits that he be granted liberty to revive the|appeal in case the matter falls within the exceptions.under the aforesaid Circular dated 08.08.2019. 4. In view of the aforesaid submissions, the appealis disposed of witn liberty as prayed for by the learnedcounsel for the revenue. Sd/-JUDGE Sd/-'JUDGE RV