THE COMMISSIONER OF INCOME TAX vs. M/S ADEEP LOCKS LTD

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 28TH DAY OF OCTOBER 2013

PRESENT

THE HON’BLE MR.JUSTICE N.KUMAR

AND

THE HON’BLE MRS.JUSTICE RATHNAKALA

INCOME TAX APPEAL NO.150 OF 2007

BETWEEN:

.. APPELLANTS

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

AND:

M/s. Adeep Locks Ltd., 12-C, KIADB Indl. Area, Attibele, Anekal Tq. Bangalore.

..RESPONDENT

(By Sri K. MallaRao, Adv. For Sri S. Parthasarathi, Adv.)

This appeal is filed under Section 260-A of I.T. Act 1961, arising out of Order dated 16-06-2006 passed in ITA No.

- 2 - 3375/Bang/2004, for the Assessment Year 2001-02, praying that this Hon'ble Court may be pleased to:

i. formulate the substantial questions of law stated therein,

ii. allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.3375/Bang/2004 dated 16-06- 2006 confirming the order of the Appellate Commissioner confirm the order passed by the Dy., Commissioner of Income Tax, Circle-11(1), Bangalore, in the interest of justice and equity.

This Appeal coming on for Hearing this day, KUMAR J., delivered the following:

J U D G M E N T

This appeal is preferred by the Revenue against the order passed by the Tribunal, which has allowed the expenditure of contribution to E.S.I. and excluded the sales tax and excise duty from total turnover for computing deduction under Section 80HHC of the Income Tax Act (for short ‘the Act’). The net tax effect on the amount involved in this appeal is Rs.1,29,877/-.

In view of the Circular No.2 of 2005 where the monetary limit of Rs.4,00,000/- is prescribed for preferring an appeal to the High Court, which has the statutory effect in view of Section 268A of the Act, this appeal is not maintainable on that ground.

- 3 -

Appeal is dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

KNM/-