Ita/131/2007 Of The Commissioner Of Income Tax v. M/S Rishabh International
High Court
20 Nov 2012 In favour of: Assessee
Forum / Bench
High Court · karnataka_bng_old
Parties
Ita/131/2007 Of The Commissioner Of Income Tax v. M/S Rishabh International
Date of order
20 Nov 2012
Assessment year(s)
2002-2003
Outcome
Dismissed
Case summary
In Ita/131/2007 Of The Commissioner Of Income Tax v. M/S Rishabh International, the High Court (2012) dismissed the appeal. The decision went in favour of the assessee.
Decision: Inview of the Circular No.2/2005 dated 24.10.2005,reported in 198 CTR 41 (ST), the appeal is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20 DAY OF NOVEMBER, 2012
PRESENT
THE HON’BLE MR.JUSTICE K. SREEDHAR RAO|
AND
THE HON’BLE MR.JUSTICE B.V.PINTO
INCOME-TAX APPEAL NO.131 OF 2007
BBRTWER
1.THR COMMISSIONER OF INCOME-TAXCHNTRAL CIRCLECHNTRAL CIRCLE
C.R. BUILDINGQUEEN'S ROADBANGALORE,QUEEN'S ROADBANGALORE,
2.THR INCOME-TAX OFFICKBRWARD 6(3)WARD 6(3)
C.R. BUILDINGQUEEN'S ROADBANGALOREQUEEN'S ROADBANGALORE
... APPELLANTS
(BY SRI. M.THIRUMALESH, ADV.)
ANI
M/S RISHABH INTERNATIONALC/O PRAGHATHI COMPUTER
NO.1094,UNIT NO.48 - 51GROUND FLOOR, SPA PLAZA,OTC ROAD.BANGALORE
... RESPONDENT
(BY SRI. A SHANKAR & SRI.M LAVA, ADVS.)THIS ITA IS FILED U/S.200-A OF LT.ACT, 1961.ARISING OUT OF ORDER DATED 18-07-2006 PASSED IN]ITA NO.6079/BANG/2005, FOR THE ASSESSMENT YEAR2002-2003, PRAYING THAT THIS HON BLE COURT MAY BEPLEASEHKD TO
I. FORMULATE THE SUBSTANTIAL QUESTIONS OFLAW SITATED THEREIN,
Il ALLOW THE APPEAL AND SET ASIDE THE ORDER.PASSED.BY|THBKITATBANGALORE,IN-ITA|NO.679/BANG/2005 DATED 18-07-2006 & CONFIRM THE|ORDER PASSED BY THR APPELLATK COMMISSIONBRCONFIRMING THR ORDER PASSED BY THE INCOME TAX|OFFICER, WARD-6(3), BANGALORE, IN THE INTEREST OF|JUSTICE AND EQUITY.
THIS [TA IS COMING ON FOR FINAL HEARING THIS.DAY,SREEDHAR RAO J., DELIVERED THE FOLLOWING:-
JU DGMENT
Learned Counsel for the appellants submits thatthe mandatory limit is Rs.5,42,652/- whereas, it is the
contention that the respondent that the mandatory|limitis Rs.1,37,708/-. In view of the fact, that the balance of
tax has been collected from the managers of the firm,there is no question of cascading effect involved. Inview of the Circular No.2/2005 dated 24.10.2005,reported in 198 CTR 41 (ST), the appeal is dismissed.
Nv]
Sd/-|JUDGESd/-|JUDGE
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