Karnataka High Court
The Commissioner Of Income-Tax vs M/S Amsoft Information Services on 5 August, 2014
Bench: N.Kumar, Rathnakala
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF AUGUST, 2014
PRESENT
THE HON'BLE MR.JUSTICE N.KUMAR
AND
THE HON'BLE MRS.JUSTICE RATHNAKALA
INCOME TAX APPEAL NO.813 OF 2008
BETWEEN:
1. THE COMMISSIONER OF INCOME-TAX,
C.R. BUILDING,
QUEENS ROAD,
BANGALORE.
2. THE DY. COMMISSIONER OF INCOME-TAX,
CIRCLE-11(1),
C.R. BUILDING,
QUEENS ROAD,
BANGALORE. ...APPELLANTS
(BY SRI K.V.ARAVIND, ADV.)
AND:
M/S. AMSOFT INFORMATION SERVICES
(INDIA) PVT. LTD.,
NO.4A, NITESH, BROADWAY,
M.G. ROAD,
BANGALORE. ...RESPONDENT
(BY SRI A.SHANKAR AND SRI M.LAVA, ADVS.)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION
260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 28-
-2-
03-2008 PASSED IN ITA NO.602/BNG/2007, FOR THE
ASSESSMENT YEAR 2002-2003, 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 INCOME TAX APPELLATE TRIBUNAL,
BANGALORE IN ITA NO.602/BNG/2007, DATED 28-03-
2008 CONFIRM THE ORDERS OF THE APPELLATE
COMMISSIONER AND CONFIRM THE ORDER PASSED BY
THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-
11(1), BANGALORE, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
N.KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal preferred by the Revenue against the order passed by the Tribunal, which has allowed the appeal of the assessee.
2. The net tax effect, which is the subject matter of this appeal is Rs.4,39,315/-.
3. In view of the Instruction No.3/2011, which is held to be retrospective in operation by this Court in the case of Commissioner of Income Tax & Another -vs- Ranka and Ranka reported in (2013) 352 ITR 121 -3- (Kar), this appeal is not maintainable. However, it is submitted that the Revenue has preferred an appeal against the said judgment of this Court. In the event of the Apex Court reversing the said judgment, liberty is reserved to the appellants to seek for revival of this appeal.
Accordingly, without going into the merits of the appeal, the appeal is dismissed on the ground of tax effect being less than Rs.10 lakhs.
Sd/-
JUDGE Sd/-
JUDGE KNM/-