THE COMMISSIONER OF INCOME-TAX vs. M/S VIJAY ASHOK ASSOCIATES

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 10th DAY OF DECEMBER 2013

PRESENT

THE HON'BLE MR. JUSTICE N. KUMAR

AND

THE HON’BLE MRS. JUSTICE RATHNAKALA

ITA No.245 OF 2007

BETWEEN;

1.The Commissioner of Income-Tax, Central Circle, C.R.Building, Queens Road, Bangalore.

2.The Joint Commissioner of Income-Tax, Special Range-3, Bangalore.

...APPELLANTS

(By Sri.K.V. Aravind, Advocate)

AND:

M/s.Vijay Ashok Associates, No.108, K.H. Road, Bangalore.

...RESPONDENT

(By Sri. A. Shankar, for Sri.M. Lava, Advocate)

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This ITA is filed under Section 260-A of I.T. Act, 1961 arising out of Order dated 11.8.2006 passed in IT(SS)A.No.116/Bang/2004 for the Block Assessment

2 Period 1989-90 to 1998-99 to formulate the substantial questions of law stated therein and to allow the appeal and set aside the order passed by the ITAT, Bangalore in IT(SS)A.No.116/Bang/2004 dated 11.8.2006 confirming the order of the Appellate Commissioner and confirm the order passed by the Joint Commissioner of Income Tax, Special Range-3, Bangalore.

This appeal coming on for hearing this day, N. KUMAR, J. delivered the following:-

JUDGMENT

This is an appeal filed by the revenue challenging the order passed by the Tribunal granting benefit to the assessee. The net tax effect in this appeal is Rs.6,24,000/-. In view of instruction No. 3/2011 issued by the Department prescribing Rs.10,00,000/- as the limit for filing appeals to this Court, which this Court in the case of THE COMMISSIONER OF INCOME TAX AND ANOTHER vs M/S RANKA AND RANKA [ITA No. 3191/2005] disposed of on 2.11.2011, has held to be retrospective and applicable to pending appeals, the appeal is dismissed as not maintainable only on the

3 ground of the subject matter being within the monetary limit prescribed and without going into any other question.

Sd/-

JUDGE.

Sd/- JUDGE.

*alb/-.