THE COMMISSIONER OF INCOME TAX vs. M/S ICE NETWORK (P) LTD

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 03RD DAY OF OCTOBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.SREEDHAR RAO AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.542/2008 BETWEEN : 1 THE COMMISSIONER OF INCOME TAX (TDS), No.59, HMT BHAVAN, 4TH FLOOR BELLARY ROAD, GANGANAGAR BANGALORE.

2 THE INCOME-TAX OFFICER (TDS), WARD-16(2) No.59, HMT BHAVAN, 4TH FLOOR, BELLARY ROAD, GANGANAGAR BANGALORE. APPELLANTS ( By Sri. G KAMALADHAR, ADV.) AND : M/S ICE NETWORK (P) LTD NO.647/10, BRINDAVAN COMPLEX, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE. RESPONDENT ( By Sri S PARTHASARATHI, ADV.)

2 ITA filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 31/12/2007 passed in ITA No.1085/BNG/2007 by the ITAT Bangalore. This ITA coming on for final hearing this day, K.SREEDHAR RAO, J, delivered the following: JUDGMENT In view of Circular-3/11, in the above appeal, the monetary limit is less than Rs.10 lakh. This Court in the case of Ranka and Rank reported in 72 DTR 270 (Kar) has held that Circular-3/11 applies to the pending case also and it is not permissible to contend that it has only a prospective effect. Since it would result in hostile discriminaton and violative of Article 14 of the Constitution, the revenue has preferred SLP (Civil) No.27468/2012 before the Supreme Court, which is pending consideration. In view of the decision of this Court, the appeal stands disposed of subject to decision of the Supreme Court to be rendered in the case of Ranka & Ranka in the SLP. If

3 the Supreme Court were to decide that Circular-3/11 has only prospective effect, the appellant is permitted to seek revival of the appeal for disposal in accordance with law laid down by Supreme Court. Sd/- JUDGE Sd/- JUDGE bkm.