Karnataka High Court
The Commissioner Of Income Tax vs Sri Ghanashyam Gupta on 23 June, 2014
Bench: N.Kumar, B.Manohar
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF JUNE, 2014
PRESENT
THE HON'BLE MR.JUSTICE N.KUMAR
AND
THE HON'BLE MR.JUSTICE B.MANOHAR
INCOME TAX APPEAL NO.613 OF 2008
BETWEEN:
1. THE COMMISSIONER OF
INCOME TAX
C.R.BUILDING
QUEENS ROAD
BANGALORE
2. THE ASSISTANT COMMISSIONER
OF INCOME TAX
CIRCLE -1 (1)
C.R.BUILDING
QUEENS ROAD
BANGALORE ... APPELLANTS
(BY SRI.K.V.ARAVIND, ADVOCATE)
AND:
SHRI GHANASHYAM GUPTA
NO.26, R.V.LAYOUT, 2ND FLOOR
KUMARAPARK (WEST)
BANGALORE - 20 ... RESPONDENT
(BY SRI.V.JAVAHAR, ADVOCATE)
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THIS INCOME TAX APPEAL IS FILED UNDER
SECTION 260-A OF INCOME TAX ACT, 1961 ARISING OUT
OF ORDER DATED 7.12.2007 PASSED IN IT(SS)A
NO.18/BANG/2006, FOR THE BLOCK ASSESSMENT YEAR
1988-89 TO 1998-99, PRAYING TO FORMULATE THE
SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND
TO ALLOW THE APPEAL AND SET ASIDE THE ORDERS
PASSED BY THE ITAT, BANGALORE IN IT(SS)A
NO.18/BANG/2006 DATED 7.12.2007 AND CONFIRM THE
ORDER OF THE APPELLATE COMMISSIONER AND
CONFIRMING THE ORDER PASSED BY THE ASSISTANT
COMMISSIONER OF INCOME TAX, CIRCLE - 1(1),
BANGALORE.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
N.KUMAR J., DELIVERED THE FOLLOWING:-
JUDGMENT
It is reported that the respondent is dead.
2. The net tax effect in this appeal is less than Rs.10 lakh. In view of the judgment of this Court in the case of COMMISSIONER OF INCOME TAX vs. RANKA AND RANKA reported in (2013) 352 ITR 121 (KAR), wherein this Court held that the benefit granted under Instructions 3/11 is prospective in nature, this appeal is not maintainable. However, liberty is reserved to the -3- Revenue to seek for revive of this appeal, in the event of Apex Court taking contrary view to the view taken by this Court. Liberty is also reserved to the Revenue to bring the legal representatives of the deceased assessee on record in such event.
Accordingly, appeal is dismissed.
Sd/-
JUDGE Sd/-
JUDGE AHB