Karnataka High Court
Commissioner Of Income Tax vs M/S Nirman Shelters on 8 July, 2020
Bench: Alok Aradhe, Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY 2020
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
I.T.A. NO.97 OF 2012
BETWEEN:
1. COMMISSIONER OF INCOME TAX
CENTRAL REVENUE BUILDINGS
QUEENS ROAD, BANGALORE-560001.
2. THE ASSISTANT COMMISSIONER OF INCOME TAX
CENTRAL CIRCLE-1(2), BANGALORE.
... APPELLANTS
(BY SRI. E.I. SANMATHI ADV.)
AND:
M/S. NIRMAN SHELTERS
(BANGALORE) PVT. LTD.
71, K.R. ROAD, BASAVANAGUDI
BANGALORE-560004.
... RESPONDENT
(BY SRI. A. SHANKAR, SR. COUNSEL FOR
SRI. M. LAVA, ADV.)
---
THIS I.T.A. IS FILED UNDER SECTION 260-A OF
I.T.ACT, 1961 ARISING OUT OF ORDER DATED 30.11.2011
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PASSED IN ITA NO.1103/BANG/2010, FOR THE ASSESSMENT
YEAR 2000-01, PRAYING TO:
I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW
STATED THEREIN,
II. SET ASIDE THE COMMON APPELLATE ORDER
PASSED BY THE ITAT, 'A' BENCH, BANGALORE IN ITA
NO.1103/BANG/2010 DATED 30/11/2011, AS SOUGHT FOR
IN THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS I.T.A. COMING ON FOR HEARING, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.E.I.Sanmathi, learned counsel for the revenue has appeared through video conference.
Mr.A.Shankar, learned Senior counsel along with Mr.M.Lava, learned counsel for the assessee has appeared through video conference.
2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act', for short) has been filed by the revenue.
3. When the matter was taken up today, learned Senior counsel for the assessee submitted that the returned income in response to the notice issued under 3 Section 153A of the Act was `1,29,19,590/- and effective addition of `2,12,74,378/- has been made and therefore, the tax payable by the assessee is only `81,90,635/- and therefore, in view of the circular bearing No.17/2019 dated 08.08.2019, the appeal, at the instance of the revenue may not be maintainable as the tax impact is less than `1 Crore.
4. On the other hand, learned counsel for the revenue submitted that as per his instructions, the tax impact is `1,32,82,735/-.
5. We have considered the submission made by the learned counsel for the parties. From perusal of the record, it is evident that only the effective addition of `2,12,74,378/- has been made to the income which was returned in response to the notice under Section 153A of the Act and therefore, the tax payable by the assessee is `81,90,635/-. Since the tax impact is less than `1 4 crore, therefore, in view of the circular dated 08.08.2019, the appeal is disposed of.
Sd/-
JUDGE Sd/-
JUDGE RV