Pr. Commissioner of Income-tax-VI, Bangalore / Deputy Commissioner of Income-tax Circle-6(1)(2), Bengaluru v. Stanley Black & Decker India Ltd
[Citation -2020-LL-1014-37]

Citation 2020-LL-1014-37
Appellant Name Pr. Commissioner of Income-tax-VI, Bangalore / Deputy Commissioner of Income-tax Circle-6(1)(2), Bengaluru
Respondent Name Stanley Black & Decker India Ltd.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 14/10/2020
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: Mr.T.Suryanarayana, learned counsel for the assessee. Learned counsel for the assessee submits that the tax effect in this appeal is less than 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.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 14TH DAY OF OCTOBER 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.526 OF 2016 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX-VI BMTC COMPLEX, KORAMANGALA BANGALORE. 2. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(2), BENGALURU. ... APPELLANTS (BY SRI. E.I. SANMATHI, ADV.) AND: M/S. STANLEY BLACK & DECKER INDIA LTD., NO.28, AKEPMS , 3RD MAIN 1ST CROSS, ASHWINI LAYOUT KORAMANGALA INTERMEDIATE RING ROAD BENGALURU-560047 PAN:AAACB4681R. RESPONDENT (BY SRI. T. SURYANARAYANA, ADV.) --- THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 07-03-2016 2 PASSED IN ITA NO.967/BANG/2015, FOR ASSESSMENT YEAR 2010-11, PRAYING TO DECIDE FOREGOING QUESTION OF LAW AND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY HON BLE COURT AS DEEMED FIT AND SET ASIDE APPELLATE ORDERS DATED 07.03.2016 ITAT, BENCH, BENGALURU IN ITA NO.967/BANG/2015 FOR ASSESSMENT YEAR 2010-11 AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN INTEREST OF JUSTICE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Mr.E.I.Sanmathi, learned counsel for revenue. Mr.T.Suryanarayana, learned counsel for assessee. 2. Learned counsel for assessee submits that tax effect in this appeal is less than `1 Crore and therefore, appeal should not be entertained at instance of revenue in view of Circular No.17/2019 dated 08.08.2019 issued by Central Board of Direct Taxes. It is also submitted that aforesaid Circular binds revenue. 3 3. On other hand, learned counsel for revenue submits that he be granted liberty to revive appeal in case matter falls within exceptions under aforesaid Circular dated 08.08.2019. 4. In view of aforesaid submissions, appeal is disposed of with liberty as prayed for by learned counsel for revenue. Sd/- JUDGE Sd/- JUDGE RV Pr. Commissioner of Income-tax-VI, Bangalore / Deputy Commissioner of Income-tax Circle-6(1)(2), Bengaluru v. Stanley Black & Decker India Ltd
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