Revenue appeal under Section 260-A challenging a Tribunal order for assessment year 2013-14 was dismissed as not maintainable, since the monetary value involved (Rs. 93,75,000) fell below the one-crore limit prescribed by CBDT Circular No.5/2024 dated 15.3.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:33396-DB ITA No. 389 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
INCOME TAX APPEAL NO. 389 OF 2023
BETWEEN:
…APPELLANTS
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI. RAVI RAJ Y V, ADVOCATE A/W
SRI. DILIP M.,ADVOCATE)
AND:
M/S BARBEQUE NATION HOSPITALITY LTD NO 62, SITE NO 13,16TH CROSS, N S PALYA, BTM LAYOUT, BENGALURU 560076, PAN AAKCG3053N
…RESPONDENT
(BY SRI. A SHANKAR, SENIOR ADVOCATE FOR SRI. MADHUSUDHAN U A., ADVOCATE)
THIS ITA / INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE, ALLOW THE
APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN ITA NO.487/BANG/2022 DATED 19.12.2022 FOR ASSESSMENT YEAR 2013-2014 ANNEXUREC AND CONFIRM THE ORDER OF THE U/S 263 CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 2(2), BENGALURU AND ETC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and
HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
questions of law:
1. "Whether, on the facts and in the circumstances of the case and law, the Tribunal is right in law in allowing appeal filed by assesse by holding that issues involved in the order passed under Section 143(3)
1 Hereinafter referred to as the ‘Tribunal’
r/w/s 153A are not based on incriminating materials found during course of search and as such assessment order cannot be said as erroneous and prejudical to interest of Revenue ignoring that Section 153A do not stipulate that there must be incriminating material to pass order under said section and as such there was no such requirement in law?”
2. "Whether, on the facts and in the circumstances of the case, Tribunal's order can be said as perverse in nature in not appreciating that conditions set out in Section 263 r/w Explanation 2 were fully satisfied to take up assessment order for revision proceedings?”
3. "Whether on the facts and in the circumstances of the case, the Tribunal’s order can be said as perverse in nature in ignoring mandate of Section 263 as well as Section 153A of the Act?”
involved in this appeal is `93,75,000/- . Subsequent to filing of the appeals, Circular bearing No.5/2024
[F.No.279/Misc.142/2007-ITJ(PT.)] dated 15.3.2024 is issued under Section 265(A) of the Income Tax Act, 1961 prescribing monetary limit to prefer an appeal before the High Court.
NC: 2024:KHC:33396-DB ITA No. 389 of 2023
is less than rupees one crore. Therefore, the above appeal
would not survive for consideration and it is dismissed.
raised in the present appeal are kept open to be considered in an appropriate case.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
BS
List No.: 1 Sl No.: 44
5 provisions across 1 enactments
THE PR. COMMISSIONER OF INCOME TAX, CENTRAL
DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2)
M/S BARBEQUE NATION HOSPITALITY LTD
S.G.PANDIT
C.M.POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
