Ita/102/2014 Of Commissioner Of Income Tax-Iii v. Smt Madhu Solanki

IN THE HIGH COURT OF KARNATAKA, BANGALOREDATED THIS THE 2[nd]DAY OF AUGUST 2014 PRESENT THR HON’BLE MR. JUSTICK N. KUMAR AND THERE HON’BLE MR.JUSTICE B.MANOHAR INCOME TAX APPBKAL NO.102 OF 201 BETWEEN ° 1. COMMISSIONER OF [INCOME TAX-III CHNTRAL REVENUE BUILDINGSQUEENS ROADQUEENS ROAD BANGALORE — 560 OO1 "2. THERE INCOME TAX OFFIC WARD-1(2), MYSORE_. APPELLANTS (BY SRI.E.L.SANMATHI, ADV.) AND: SMT.MADHU SOLANKL|PROPX: MADHU STRBBLS0/O SRI.SHANTHILAL SOLANKIC/O RAJENDRA METALSNO.2, KRS ROAD, MYSORE—. RESPONDENT| This appeal is filed under Section 260A of I.T.Act,|1961 arising out of Order dated 20.9.13 passed in ITANo.828/Bang/2011, for the assessment year 1998-99praying to decide the foregoing substantial questions oflaw and set aside the common appellate order dated20.9.2013 passed by the ITAT ‘°C’ Bench, Bangalore in appealproceedings No.ITA.828/Bang/2011 for.theassessment year 1998-99 This appeal coming on for Admission this day,N.KUMAR J., delivered the following: JUDGMENT The revenue has preferred this appeal challenging|the order passed by the Tribunal which has set aside theimposition of penalty following a judgment of this Court.Therefore, we do not see any justification to interfere theimpugned order and allow this appeal. However, it issubmitted that the Revenue has preferred an appealbefore the Hon’ble Supreme Court against the saidjudgment of this Court and it is still pending. In the eventof the revenue succeeding in the appeal, liberty 1s reservedto the revenue to revive this appeal. | With the said observation, the appeal is dismissed. Sd/-. JUDGE Sd/-. JUDGE