COMNR.,OF INCOME TAX vs C.G.M.,S.B.I.LHO

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF DECEMBER 2015

PRESENT

THE HON’BLE MR.JUSTICE VINEET SARAN

AND

THE HON’BLE MRS.JUSTICE S SUJATHA

ITA NO.40/2012

BETWEEN

THE COMMISSIONER OF INCOME TAX C R BUILDING QUEENS ROAD BANGALORE

THE ASST. COMMISSIONER OF INCOME TAX CIRCLE-11(4) C R BUILDING QUEENS ROAD BANGALORE … APPELLANTS (BY SRI K V ARAVIND, ADV.)

AND

M/S HOTEL PARAG LIMITED ‘THE CAPITOL’, NO.3 RAJBHAVAN ROAD BANGALORE-560 001 …RESPONDENT (BY SRI A SHANKAR, ADV. & M LAVA, ADV.)

THIS APPEAL IS FILED UNDER SECTION.260- A OF I.T.ACT 1961, PRAYING TO SET ASIDE THE ORDER DATED 29/09/2011 PASSED BY THE ITAT, BANGALORE IN ITA NO.495/BANG/2010 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-11(4), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

Heard the learned Counsel for the parties.

By a common order dated 29.9.2011, the appeal filed by the assessee for the assessment year 2005-06 as well as the appeal filed by the revenue for the assessment year 2006-07 were considered together. The assessee’s appeal was dismissed whereas the appeal of the revenue was partly allowed.

This appeal has been filed by the revenue for the assessment year 2005-06, where the order of the Tribunal was passed in favour of the revenue.

3 4. It is clear from the record and also accepted by the learned Counsel for the Appellant that this appeal has wrongly been filed.

Accordingly, this appeal is dismissed as not pressed.

Sd/- JUDGE

AN/-

COMNR.,OF INCOME TAX vs. C.G.M.,S.B.I.LHO