The Pr Commissioner Of Income Tax ... vs M/S Fulcrum Fund Services India ...
2022 Latest Caselaw 13219 Kant

                                                   -1-
                                                                  ITA No. 109 of 2020




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF NOVEMBER, 2022

                                                 PRESENT
                             THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
                                                   AND
                       THE HON'BLE MR.JUSTICE T G SHIVASHANKARE GOWDA
                                 INCOME TAX APPEAL NO. 109 OF 2020
                      BETWEEN:

                      1.    THE PR. COMMISSIONER OF INCOME TAX CIT(A)
                            5TH FLOOR, BMTC BUILDING
                            80 FEET ROAD
                            KORMANGALA
                            BENGALURU-560 095

                      2.    THE INCOME-TAX OFFICER
                            WARD-3 3(1)(1)
                            2ND FLOOR, BMTC BUILDING
                            80 FEET ROAD
                            KORMANGALA
Digitally signed by         BENGALURU-560 095                         ...APPELLANTS
YASHODHA N
Location: High
Court Of Karnataka
                      (BY SHRI. M. DILIP ADVOCATE FOR
                          SHRI. K.V. ARAVIND, STANDING COUNSEL)

                      AND:

                      M/S. FULCRUM FUND SERVICES INDIA PVT.LTD.,
                      FLAT 102, ARADHANA APARTMENTS
                      SRINIVAGILU, 2ND MAIN ROAD

                      S.T.BED LAYOUT, KORAMANGALA
                      BENGALURU-560 047
                      PAN-AABCF 1230B                                ...RESPONDENT
                               -2-
                                            ITA No. 109 of 2020




(BY SHRI. ANKUR PAI DHUNGAT, ADVOCATE)


     THE INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF
INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 23.10.2019
PASSED IN ITA NO.2589/BANG/2017, FOR THE ASSESSMENT YEAR
2011-2012 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS
OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE
THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,
BENGALURU IN ITA NO. 2589/BANG/2017 DATED 23.10.2019 FOR
ASSESSMENT YEAR 2011-2012 ANNEXURE-D AND CONFIRMING THE
ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE
ORDER PASSED BY THE INCOME TAX OFFICER, WARD-3(1)(1),
BENGALURU AND ETC.

      THIS INCOME TAX APPEAL, COMING ON FOR ORDERS, THIS
DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Sri M.Dilip, learned advocate appearing for the appellants,

in his usual fairness, submits that the Tax Effect is less than

Rs.1.00 Crore and hence, the appeal is not maintainable. He

has filed a memo of even date to the said effect.

2. Memo be kept in record.

3. In view of the aforesaid submission and based on the

Circular No.17/2019, dated 8th August, 2019 of Central Board of

ITA No. 109 of 2020

Direct Taxes, the appeal is not maintainable and the same is

accordingly dismissed.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

YN