The Commissioner of Income-tax LTU, Bangalore / The Deputy Commissioner of Income-tax LTU, Bangalore v. Biocon Ltd
[Citation -2020-LL-1019-57]

Citation 2020-LL-1019-57
Appellant Name The Commissioner of Income-tax LTU, Bangalore / The Deputy Commissioner of Income-tax LTU, Bangalore
Respondent Name Biocon Ltd.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 19/10/2020
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: Smt.Manasa Ananthan, learned counsel for Mr.T.Suryanarayana, learned counsel for the assessee. 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.


1 IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 19TH DAY OF OCTOBER 2020 PRESENT HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.438 OF 2014 BETWEEN: 1. COMMISSIONER OF INCOME-TAX LTU, JSS TOWERS BSK III STAGE, BANGALORE. 2. DEPUTY COMMISSIONER OF INCOME-TAX LTU, JSS TOWERS BSK III STAGE, BANGALORE-560085. ... APPELLANTS (BY Mr. K.V. ARAVIND, ADV.) AND: M/S. BIOCON LTD., 20TH KM HOSUR ROAD ELECTRONIC CITY HEBBAGODI, BANGALORE-560100. ... RESPONDENT (BY Ms. MANASA ANANTHAN, FOR Mr. T. SURYANARAYANA, ADV.) --- THIS I.T.A. IS FILED UNDER SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 30-04-2014 2 PASSED IN ITA NO.371/BANG/2010, FOR ASSESSMENT YEAR 2006-07, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. II. ALLOW APPEAL AND SET ASIDE ORDERS PASSED BY ITAT, BANGALORE IN ITA NO.371/BANG/2010 DATED 30-04-2014 AND CONFIRM ORDER OF APPELLATE COMMISSIONER CONFIRMING ORDER PASSED BY DEPUTY COMMISSIONER OF INCOME TAX, LTU, CIRCLE-11(2), BANGALORE. THIS I.T.A. COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED FOLLOWING: JUDGMENT Mr.K.V.Aravind, learned counsel for revenue has entered appearance through video conferencing. Smt.Manasa Ananthan, learned counsel for Mr.T.Suryanarayana, learned counsel for assessee. 2. Learned counsel for assessee submits that tax effect in this appeal is less than Rs.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 Commissioner of Income-tax LTU, Bangalore / Deputy Commissioner of Income-tax LTU, Bangalore v. Biocon Ltd
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