Ita/922/2017 Of Pr. Commissioner Of Income-Tax v. Dr Yusuf Kumble

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR I.T.A. NO. 922 OF 2017 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX, ATTAVARA, MANGALURU. ATTAVARA, MANGALURU. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, CENTRAL CIRCLE-1, MANGALURU. ... APPELLANTS (BY SRI SANMATHI E.I, ADVOCATE) AND: DR YUSUF KUMBLE, NO.703, WEST WIND NEAR, DC BUNGLOW, COLLECTORS GATE, MANGALORE PAN: . ... RESPONDENT (BY SRI A SHANKAR SR. COUNSEL A/W SRI BHAIRAV KUTTAIAH, ADVOCATE) - - - THIS I.T.A. IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 03.05.2017 PASSED IN ITA NO.1379/BANG/2015, FOR THE ASSESSMENT YEAR 2010-11, PRAYING TO: DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE ORDER DATED 03/05/2017 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, CIRCUIT BENCH, MANGALORE, IN ITA NO. 1379/B/2015 FOR ASSESSMENT YEAR 2010-11 AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT 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 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. 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. In view of the aforesaid submissions, the appeal is disposed of with liberty as prayed for by the learned counsel for the revenue. Sd/- JUDGE HR Sd/- JUDGE