THE COMMR OF INCOME TAX vs. SRI N L HAMIRWASIA

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ITA/141/2007HC KarnatakaKAHC01016658200722 April 2013Bench: B.MANOHAR,N.KUMAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the benefit granted under Instruction 3/11 is prospective in nature, following its own judgment in a similar case. Consequently, the appeal filed by the Revenue was not maintainable.

What were the facts?

The Revenue filed an appeal against an order of the ITAT, Bangalore, concerning the assessment year 1996-97. The net tax effect in the appeal was Rs. 5,57,925-00.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal based on the prospective nature of a benefit granted under Instruction 3/11.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

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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:

1.

The Commissioner of Income Tax

Central Circle

C.R. Building

Queens Road

Bangalore

2.

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/-

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