THE COMMISSIONER OF INCOME-TAX vs. M/S FIBRES & FABRICS

PDF · subscribers
ITA/193/2013HC KarnatakaKAHC01021602201312 July 2013Bench: D.V.SHYLENDRA KUMAR,B.S.INDRAKALA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court found no substance in the Revenue's review petition. It held that the circular and the previous judgment were not applicable to the facts of the case and therefore dismissed the review petition.

What were the facts?

The Revenue filed a review petition challenging a High Court order that dismissed their appeal due to a low tax effect. The Revenue argued that the previous order and a related circular were not applicable as the tax effect was recurring.

What were the issues?

Whether the High Court's previous order dismissing the appeal based on tax effect was justified, considering the recurring nature of the tax effect.

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 17TH DAY OF JULY, 2014

PRESENT

THE HON'BLE Mr. JUSTICE N. KUMAR

AND

THE HON'BLE Mr. JUSTICE B. MANOHAR

REVIEW PETITION No.193 OF 2013

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX

MANGALORE.

2.

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE – 2(1), MANGALORE.

….PETITIONERS

(BY SRI. K.V. ARAVIND, ADVOCATE)

AND:

M/S. BOLA RAGHAVENDRA KAMATH AND SONS, KUKKUNDUR, KARKALA, CHIKMAGALUR DISTRICT – 576 117.

… RESPONDENT

THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC PRAYING TO REVIEW THE ORDER DATED 09.10.2012 PASSED IN ITA NO.296/2007, ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BANGALORE.

THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, N. KUMAR, J., MADE THE FOLLOWING:

2 O R D E R

This Review Petition is preferred challenging the order passed by this Court dismissing the appeal –ITA No.296/2007 on 09.10.2007 holding that the net tax effect is less than Rs.10.00 lakhs in terms of Instruction No.3/2011 and reserving liberty to the Revenue to revive the appeal in the event of the Revenue succeeds in the Supreme Court.

This Review Petition is filed contending that neither the circular nor the judgment of this court passed in I.T.A. No.3191/2005 disposed of on 02.11.2011 (CIT Vs. RANKA & RANKA), is applicable to the facts of this case, as the tax effect in this case is recurring in nature. We do not see any substance in the said petition. Therefore, we do not see any justification to review the order. Accordingly, the Review Petition is dismissed.

Petitioner’s counsel is permitted to carry-out necessary corrections to remove the office objections.

Sd/- JUDGE

Sd/- JUDGE KGR*

Recent GST High Court judgments

Search GST case law →