Ita/104/2009 Of The Commissioner Of Income Tax v. Shri. Vishram L Patel

IN THR HIGH COURT OF KARNATAKA AT BANGALOREDATED THIS THE 27[th]DAY OF OCTOBER 2014 PRESENT THER HON’BLE MR JUSTICE N. KUMAR AND THR HON’BLE MR JUSTICBK B. MANOHAR ITA NO. 104/2009 BRITWHBRE 1.THERE COMMISSIONER OF INCOME TAXC.R.BUILDING,QUEENS ROADC.R.BUILDING,QUEENS ROAD BANGALORE 2.THR ASST. COMMISSIONER OF INCOME TAXCENTRAL CIRCLE-1(2)CENTRAL CIRCLE-1(2) BANGALORE.. APPELLANTS (By Sri K V ARAVIND, Adv.) AND SHRI. VISHRAM L PATELVIJAYALAKSHMI NILAYA NO.14, IST CROSS,BITM LAYOUTII STAGE, BANGALORE |—. RESPONDENT | (By M/s A SHANKAR & M LAVA, Advs) This appeal is filed u/S.260-A of I.T.Act, 1961 arising|OUT|oT Orderdated31-10-2008passed1n IT(SS)ANo.23/BNG/2008, for the Assessment period 1.4.1996 to|3.4.2002, praying that this Hon'ble Court may be pleased to formulate the substantial questions of law stated therein andallow the appeal and set aside the order passed by the ITAT|Bangalore in IT(SS)ANo.23/BNG/2008,dated 31-10- 2OOS|confirmingtheorderoT|theAppellateCommissioner and confirm the order passed by theAssistant Commissioner of Income tax,Central Circle-1(2), Bangalore, in the interest of justice and equity. This appeal coming on for hearing this day, NKumar J., delivered the following:| JUDGMENT Thisappeal1S.preferredbytheTEVENUCchallenging the order passed by the tribunal where theorder imposing penalty on the assessee was cancelled. 2. The subject matter of the appeal being thequantified at Rs.63,000/-, therefore, the penalty is alsoot the similar amount. | 3. In view of circular No.2/2005, as the subjectmatter of the appeal is less than Rs.4.00 lakhs, theappeal is not maintainable. Accordingly, appeal isdismissed. Brn sd/- | JUDGE sd/-JUDGE.