THE COMMISSIONER OF INCOME TAX vs. SRI MOHD.ASADULLA

IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 22nd day of June, 2012 PRESENT THE HON’BLE MR. JUSTICE N KUMAR AND THE HON’BLE MR. JUSTICE RAVI MALIMATH R.P. No. 30 of 2012 IN ITA No. 1311 of 2006 BETWEEN: 1. The Commissioner of Income Tax C.R. Building Queens Road Bangalore 2. The Assistant Commissioner of Income Tax Central Circle-2(2) C.R. Building Queens Road Bangalore …Petitioners (By Sri K.V. Aravind, Advocate) AND: Sri Mohd. Asadulla No.1022, 38th Cross

2 25th Main Jayanagar ‘T’ Block Bangalore-560 025 …Respondent This Review Petition is filed under Section 260A of the Income Tax Act praying for review of the order dated 24-08- 2011 passed in ITA No.1311 of 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 24.8.2011 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 this 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 3. We do not see any merit in the said contention. As long as the tax liability is less than 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. In that view of the matter, we do not see any justification to condone the delay. Accordingly, I.A.I/2012 for condonation of delay is also dismissed. Sd/- JUDGE Sd/- JUDGE ckl