THE COMMISSIONER OF INCOME TAX vs. ABDUL ASIF

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 6th day of July, 2012 PRESENT THE HON’BLE MR. JUSTICE N KUMAR AND THE HON’BLE MR. JUSTICE RAVI MALIMATH RP No. 729 of 2012 IN ITA No. 1352 of 2006 BETWEEN: 1. The Commissioner of Income Tax Mangalore. 2. The Deputy Commissioner of Income Tax Investigation Circle Mangalore.

…Petitioners (By Sri M.Thirumalesh, Adv.,) AND: Abdul Asif Partner M/s. Seedi Builders D.No.11-8-675/9 Mission Street Mangalore. …Respondent

2 This Review Petition is filed under Order 47 Rule 1 and 2 of CPC praying for review of the order dated 02-11-2011 passed in ITA No.1352/2006, 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:- O R D E R The Revenue is seeking to review the order passed by this Court on 02.11.2011 whereunder this Court dismissed the appeal on the ground that the net tax effect was less than Rs.4,00,000/-, as instruction No. 2/2005 prescribes a monetary limit of Rs.4,00,000/- for preferring an appeal. 2. It is not in dispute that the net tax effect in the appeal was less than Rs.4,00,000/-. But, the contention is that the issue relating to liability of payment of tax is recurring in nature and therefore the instruction is not applicable. Therefore, they seek for review of the order passed by this Court. 3. We do not see any merit in the said contention. As long as the issue relating to tax liability is less than

3 Rs.4,00,000/-, merely because it is of a recurring nature, is no ground to deny the benefit of the said circular to the assessee. In fact, it is clear that the principles of res judicata is not attracted to tax jurisprudence which is also made manifest by Section 268A of the Income Tax Act. Therefore, this review petition is dismissed. Sd/- JUDGE Sd/- JUDGE ca