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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 22nd day of April, 2013 PRESENT
THE HON’BLE MR. JUSTICE N KUMAR
AND
THE HON’BLE MR. JUSTICE B. MANOHAR
ITA No. 141 of 2007
BETWEEN:
The Commissioner of Income Tax
Central Circle
C.R. Building
Queens Road
Bangalore
The Deputy Commissioner of
Income Tax
Circle-1
C.R. Building
Queens Road
Bangalore
…Appellants
(By Sri K.V. Arvind, Advocate)
2 AND:
Sri N.L. Hamirwasia Ammasandra Tumkur District
…Respondent
(By Sri S.Parthasarathi, Advocate)
This ITA filed under Section 260A of IT Act, 1961 arising out of order dated 06-07-2006 passed in ITA No.24/Bang/2003, for the year 1996-97 praying to (i) formulate the substantial questions of law stated therein; (ii) allow the appeal and set aside the orders passed by the ITAT, Bangalore in ITA No.24/Bang/2003 dated 06-07-2006 confirming the order of Appellate Commissioner & confirm the order passed by the Deputy Commissioner of Income Tax, Circle (1), Tumkur.
This ITA coming on for hearing this day, N. KUMAR J., made the following:
J U D G M E N T
This appeal is preferred by the Revenue.
The net tax effect in this appeal is Rs.5,57,925-00. In view of the judgment of this Court in the case of COMMISSIONER OF INCOMET-TAX AND ANOTHER Vs. RANKA & RANKA reported in (2013) 352 ITR 121 (Kar),
3 wherein this Court held that the benefit granted under Instruction 3/11 is prospective in nature, this appeal is not maintainable. Accordingly the appeal is dismissed, subject to the condition that in the event, the Apex Court reversing the aforesaid judgment, the appellant is at liberty either to revive this appeal or file a separate appeal.
Ordered accordingly.
(Sd/-) JUDGE
(Sd/-) JUDGE
ksp/-