Ita/29/2010 Of The Commissioner Of Income Tax v. M/S Hotel Navarathna Complex

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18 DAY OF NOVEMBER 2014 PRESENT THE HON’BLE MR.JUSTICE N. KUMAR AND THE HON'BLE MR_.JUSTICE B.MANOHARL.T.A. No.29/2010 BETWEEN: 1. The Commissioner of Income-Tax,C.R.Building, Attavara,Mangalore. 2. The Deputy Commissioner of Income-Tax,Central Circle, C.R.Building,Attavara, Mangalore.APPELLANTS (By Sri.K.V.Aravind, Adv.) AND" M/s.Hotel Navarathna Complex, K.S.Rao Road,Mangalore. RESPONDENT (By Sri.A.Shankar & Sri.M.Lava, Advs.) 7K OK This ITA is filed under section 260-A of I.T.Act, 1961,|arising out of order dated 28.8.2009 passed in ITA.No.415/| Bang/2009, for the Assessment Year 2004-2005, 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.415/Bang/2009 at.28.8.2009 and confirmthe order passed by the Dy.Commissioner of Income Tax, Circie-2(1), Mangalore. This ITA coming on for Orders this day,N.KUMAR, J.,delivered the following: JUDGMENT This appeal is preferred by the revenue challenging theorder passed by the Tribunal granting relief to the assessee. 2).The net tax which is the subject matter of this appealIS<9,30,418/-. In view of the Instruction No.3/2011 which isheld to be retrospective in nature by this Court in the case ofCOMMISSIONER OF INCOME TAX & ANOTHER vs, RANKA & reported in|(2012) 72 DTR (Kar.) 270, tnis appeal isnot maintainable. | ‘3.However, it is submitted that the revenue haschalienged the said judgment in the Hon'ble Apex Court and the matter is under consideration. In the event of revenuesucceeding before the Hon'ble Apex Court, liberty is reserved tothem to seek revival of this appeal. At this stage, the appeal isdismissed as not maintainable on the ground of monetary limit. Sri.A.Shankar, learned counsel, is permitted to filevakalatn witnin four weeks.| Bss. Sd/-. JUDGE. Sd/-| JUDGE.