Ita/13/2009 Of The Commissioner Of Income Tax v. M/S Bhandari Spinning Mills Ltd

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1 DAY OF DECEMBER 2014. PRESENT THE HON’BLE MR.JUSTICE N.KUMAR AND THE HON'BLE MR.JUSTICE B.MANOHARL.T.A. No.13/2009 BETWEEN: 1. The Commissioner of Income-Tax,C.R.Building, Queens Road,Bangalore. 2. Tne Income-Tax Officer,Ward -11(1), C.R.Building,Queens Road, Bangalore. APPELLANTS (By Sri.K.V.Aravind, Adv.) AND" M/s.Bhandari Spinning Mills Ltd.,.F-1, Mangalam Cnambers,K.R.Road, Bangalore.RESPONDENT (By Sri.S.Parthasarathi, Adv.) 7K OK This ITA is filed under section 260-A of I.T.Act, 1961,|arising out of order dated 12.9.2008 passed in ITA.No.1109/| BNG/200/7, for the Assessment Year 2001-2002, praying toformulate the substantial questions of law stated therein andaliow the appeal and set aside the order passed by tne ITAT,Bangalore, in ITA No.1109/BNG/2007 at.12.9.2008 and confirmthe orders of the Income Tax Officer, Ward-11(1), Bangalore. This ITA coming on for Hearing this day,|N.KUMAR, J.,delivered the following: JUDGMENT The revenue has preferred this appeal against the orderpassed by the Tribunal granting relief to the assessee. | 2).The net tax which is the subject matter of this appealIS <9,23,/66/-. In view of the Instruction No.3/2011 whicn isheld to be retrospective in nature by this Court in the case ofCOMMISSIONER OF INCOME [AX & ANOTHER vs, RANKA & reported in|(2013) 352 ITR 121 (Kar.), this appeal is_not maintainable. | ‘3.However, it is submitted that the revenue haspreferred an appeal against the said judgment in the Hon’bleApex Court and it is pending consideration. In the event of revenue succeeding before the Hon’ble Apex Court, liberty isreserved to them to seek for revival of this appeal. At thisStage, the appeal is liable to be dismissed as not maintainable onthe ground of monetary limit. With the above observations, the appeal is dismissed. BSS. Sd/-|JUDGE. Sd/- | JUDGE.