Ita/95/2020 Of The Commissioner Of Income Tax v. M/S Manthan Software Services Pvt Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 15[TH|]DAY OF DECEMBER 2020. PRESENT| THE HON’BLE MR. JUSTICE ALOK ARADHE AND| THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASADLT.A. NO.95 OF 2020 BEITWEEN 1.THE COMMISSIONER OF INCOME-TAX. INTERNATIONAL TAXATION. 71H FLOOR, BMTC BUILDING 80 FEET ROAD, KORAMANGALA BENGALURU-560095., 2.THE DEPUTY COMMISSIONER OF INCOME-TAX INTERNATIONAL TAXATION CIRCLE-1(2), 7TH FLOOR BMTC BUILDING, 80 FEET ROAD KORAMANGALA, BENGALURU-560095. _.., APPELLANTS (BY SRI. ARAVIND K.V. ADV.,) AND M/S. MANTHAN SOFTWARE SERVICES PVT. LTD., NO,.40/4, LAVELLE ROADBENGALURU-560001PAN AADCM 7/7/50 M .., RESPONDENT (BY SRI. NARENDRA KUMAR J. JAIN, ADV.,) THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME|TAX ACT 1961, ARISING OUT OF ORDER DATED 28.08.2019PASSED|IN|ITCIT)ANO.968/BANG/2019FOR|THE|ASSESSMENT YEAR 2012-13, PRAYING TO: (1) FORMULATE THE SUBSTANTIAL QUESTIONS OF.LAW STATED ABOVE. (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDERSPASSED|BY|THE|INCOME-TAXAPPELLATETRIBUNAL,|BENGALURUIN|ITCIT)ANO.968/BANG/2019DATED28.08.2019 FOR ASSESSMENT YEAR 2012-13, ANNEXURE-CCONFIRMINGTHE|ORDER.OF|THE|APPELLATECOMMISSIONER AND CONFIRM THE ORDER PASSED BY THE|DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIOALTAXATION, CIRCLE-1(2), BENGALURU & ETC. THIS I.T.A. COMING ON FOR FURTHER ORDERS, THIS—DAY,ALOK ARADHE J.,DELIVERED THE FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Mr.Narendra Kumar J.Jain, learned counsel for the.aSse@ess€e ?. 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 incase the matter falls within the exceptions under theaforesaid Circular dated 08.08.2019. 4. In view of the aforesaid submissions, the appeal isdisposed of with liberty as prayed for by the learned counselfor the revenue. Sd/-JUDGESd/-JUDGE RV