THE COMMISSIONER OF INCOME TAX vs M/S SABARI TRUST

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 1ST DAY OF OCTOBER 2012 PRESENT: THE HON’BLE MR.JUSTICE K.SREEDHAR RAO AND THE HON’BLE MR.JUSTICE B.MANOHAR INCOME TAX APPEAL No.37/2007

BETWEEN:

THE COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE C.R.BUILDING QUEENS ROAD BANGALORE.

THE DEPUTY COMMISISIONER OF INCOME TAX CENTRAL CIRCLE-II C.R.BUILDING QUEENS ROAD BANGALORE.

... APPELLANTS

(By Sri E.SAMMATHI INDRA KUMAR, ADV.)

AND:

M/S.SABARI TRUST NO.21, CUNNINGHAM ROAD BANGALORE.

... RESPONDENT

(By M/S. K.R.PRASAD, Adv.)

This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising out of order dated 21-07-2006 passed in ITA.No.415/Bang/2002 for the Assessment Year 1998- 99, 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.415/Bang/2002 dated 21.07.2006 confirming the order of Appellate Commissioner & confirm the order passed by the Dy. Commnr., of Income Tax, Central Circle-II, Bangalore in the interest of Justice and equity.

This Appeal coming on for hearing, on this day, SREEDHAR RAO, J., delivered the following:

J U D G M E N T

It is the contention of the respondent-assessee that the monetary limit is less than Rs.10,00,000/-. Hence the appeal is not maintainable.

The decision of this court in M/s. Ranka and Ranka Vs. C.I.T and Another is pending before Hon’ble Supreme Court in SLP No. 27468/2012.

Subject to the decision of the Hon’ble Supreme Court in SLP No. 27468/201, the appeal is dismissed as not maintainable.

Sd/-

JUDGE

Sd/- JUDGE

Bsv

THE COMMISSIONER OF INCOME TAX vs. M/S SABARI TRUST