Commissioner of Income-tax, Bangalore / The Assistant Commissioner of Income-tax Central Circle-1(2), Bangalore v. Nirman Shelters (Bangalore) Pvt. Ltd
[Citation -2020-LL-0708-2]

Citation 2020-LL-0708-2
Appellant Name Commissioner of Income-tax, Bangalore / The Assistant Commissioner of Income-tax Central Circle-1(2), Bangalore
Respondent Name Nirman Shelters (Bangalore) Pvt. Ltd.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 08/07/2020
Assessment Year 2000-01
Judgment View Judgment
Keyword Tags notice issued • tax payable • low tax effect
Bot Summary: Mr.A.Shankar, learned Senior counsel along with Mr.M.Lava, learned counsel for the assessee has appeared through video conference. This appeal under Section 260-A of the Income Tax Act, 1961 has been filed by the revenue. 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. On the other hand, learned counsel for the revenue submitted that as per his instructions, the tax impact is 1,32,82,735/-. 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 in view of the circular dated 08.08.2019, the appeal is disposed of.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 8TH DAY OF JULY 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND 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. 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 2 PASSED IN ITA NO.1103/BANG/2010, FOR ASSESSMENT YEAR 2000-01, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. SET ASIDE COMMON APPELLATE ORDER PASSED BY ITAT, BENCH, BANGALORE IN ITA NO.1103/BANG/2010 DATED 30/11/2011, AS SOUGHT FOR IN THIS APPEAL, IN INTEREST OF JUSTICE AND EQUITY. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Mr.E.I.Sanmathi, learned counsel for revenue has appeared through video conference. Mr.A.Shankar, learned Senior counsel along with Mr.M.Lava, learned counsel for assessee has appeared through video conference. 2. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as Act , for short) has been filed by revenue. 3. When matter was taken up today, learned Senior counsel for assessee submitted that returned income in response to notice issued under 3 Section 153A of Act was `1,29,19,590/- and effective addition of `2,12,74,378/- has been made and therefore, tax payable by assessee is only `81,90,635/- and therefore, in view of circular bearing No.17/2019 dated 08.08.2019, appeal, at instance of revenue may not be maintainable as tax impact is less than `1 Crore. 4. On other hand, learned counsel for revenue submitted that as per his instructions, tax impact is `1,32,82,735/-. 5. We have considered submission made by learned counsel for parties. From perusal of record, it is evident that only effective addition of `2,12,74,378/- has been made to income which was returned in response to notice under Section 153A of Act and therefore, tax payable by assessee is `81,90,635/-. Since tax impact is less than `1 4 crore, therefore, in view of circular dated 08.08.2019, appeal is disposed of. Sd/- JUDGE Sd/- JUDGE RV Commissioner of Income-tax, Bangalore / Assistant Commissioner of Income-tax Central Circle-1(2), Bangalore v. Nirman Shelters (Bangalore) Pvt. Ltd
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