Ita/296/2007 Of The Commissioner Of Income Tax v. M/S Bola Raghavendra Kamath & Sons

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE O0 DAY OF OCTOBER, 2012. PRESENT THE HON’BLE MR.JUSTICE K. SREEDHAR RAO| AND THE HON’BLE MR.JUSTICE B.V.PINTOITA NO. 296 OF 2007 C/W ITA NOS.295/2007, 687/2007 & 382/2007. ITA NO. 296 OF 2007 BRTWREB 1.THER COMMISSIONER OF INCOME TAXMANGALORE 2.THR ASST COMMISSIONBR OF INCOME-TAXCIRCLE-2(1)MANGALORECIRCLE-2(1)MANGALORE _. APPBELLANTS (BY SRI.E SANMATHI INDRAKUMAR, ADV.) AND M/S BOLA RAGHAVENDRA KAMATH & SONSKUKKUNDUR.KARKALA-5/6 117.CHIKMAGALUR DIST. —. RBSPONDBENT (BY SRLA.SHANKAR & LAVA, ADVS.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961ARISING OUT OF ORDER DATBD 04-08-2006 PASSED IN]ITA NO. 249/BANG/2006 FOR THE ASSESSMENT YEAR|2002-03, PRAYING THAT THIS HON'BLE COURT MAY BE)PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OFLAW STATED THEREIN, Il. ALLOW THR APPBAL AND SBT ASIDE THE ORDER.PASSED BY THE ITAT, BANGALORE BENCH-B, IN ITA NO. 249/BANG/2006 DATED 04-08-2006 AND CONFIRM THE|ORDER PASSED BY THE ASSESSING OFFICER, IN THE|INTEREST OF JUSTICE AND EQUITY. ITA NO.295 OF 2007 BEREITW 1.THERE COMMISSIONER OF INCOME TAMANGALORE|MANGALORE| 2.THR ASST COMMISSIONBR OF INCOME-TAXCIRCLE-3|CIRCLE-3| MANGALORE| ... APPELLANTS (BY SRI.K V ARAVIND, ADV.) AND M/S BOLA RAGHAVENDRA KAMATH & SONSKUKKUNDUR KARKALA-5 /6 117 CHIKMAGALUR DIST. — RESPONDENT| (BY SRLA.SHANKAR & LAVA, ADVS.) THIS ITA FILED U/S.260-A OF I.T.ACT 1961 ARISINGOUT OF ORDER DATBRD 04-08-2006 PASSED IN [TA NO.1956/BANG/2004 FOR THE ASSESSMENT YEAR 1998-99, PRAYING THAT THIS HONBLE COURT MAY BE)PLEASEHKD TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OFLAW SITATED THEREIN, Il. ALLOW THR APPBAL AND SET ASIDE THR ORDER.PASSED BY THE ITAT, BANGALORE BENCH-B IN ITANO.1956/BANG/2004 DATED 04-08-2006, AND CONFIRM|THE ORDER PASSED BY THE ASSESSING OFFICER, INTHE INTEREST OF JUSTICE AND EQUITY. ITA NO 687 OF 2007 BRTWREB 1.THER COMMISSIONER OF INCOME TAXC.R.BUILDING, QUEENS ROAD,BANGALORE.C.R.BUILDING, QUEENS ROAD,BANGALORE. 2.THER ASSIST COMMISSIONER OF INCOME TAXCENTRAL CIRCLE- 1 (4)CENTRAL CIRCLE- 1 (4) C R BUILDINGQUEENS ROADQUEENS ROAD BANGALORE. _. APPKBLLANTS (BY SRI. K V ARAVIND, ADV.) AN] SRI M.M.PRASANNA KUMAR NO.39/7, MAIN ROAD, SADASHIVANAGAR, BANGALORE — 560 OS8O —. RBSPONDBENT (NOTICE — SERVED.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961)ARISING OUT OF ORDER DATED 13-04-2007 PASSED IN|ITA NO. 24/BNG/2005, FOR THE BLOCK ASSESSMENT| PERIOD 1.4.1996 TO 1.7.2002, PRAYING THAT THIS|HON BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OFLAW STATED THEREIN, Il ALLOW THE APPEAL AND SET ASIDE THE ORDER.PASSED.BY|THERITATBANGALORE,IN-ITA|NO.|24/BNG/2005,DATED 13-04-2007 CONFIRM THE ORDERSOF THE ASSISTANT COMMISSIONER OF INCOME TAX,|CENTRAL CIRCLE-1(4), BANGALORE. ITA NO 382 OF 2007 BEREITW 1.THERE COMMISSIONER OF INCOME TA NO.99/1, SHILPASHREE VIDHYARANYA COMPLEX VISHWHBSHWARANAGAR MYSORE 2.THE ASST COMMISSIONER OF INCOME TAX CHRNTRAL CIRCLE NO.959/1, SHILPASHREE VIDHYARANYA COMPLEX VISHWHSHWARANAGAR MYSORKH ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) ANT MRS.M SHANTHI KAMATH. W/O VIVEKANAND KAMATHCOLLEGHK ROAD MBRCARA. —. RBSPONDBENT (BY M/S. ALMT LEGAL ADVOCATES) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961ARISING OUT OF ORDER DATED 9-11-2006 PASSED IN|IT(SS)A NO. 143/BNG/2004, FOR THE ASSESSMENT|BLOCK PERIOD FROM 1.4.1995 TO 16.8.2001 , PRAYING|THAT THIS HON'BLE COURT MAY BBR PLEASBKD TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OFLAW STATED THEREIN, Il. ALLOW THR APPBAL AND SBT ASIDE THE ORDER.PASSED BY THE ITAT BANGALORE IN IT(SS)A_ NO.143/BNG/2004,DATED 9-11-2006 CONFIRM THE ORDERS.ORF THRASSISTANT COMMISSIONBR OF INCOMB TAXCENTRAL CIRCLE, MYSORE .. THRESH APPEALS ARK COMING ON FOR FINALHEARING THIS DAY,SREEDHAR RAO J., DELIVERED THE.ROLLOWING:- VIDHYARANYA COMPLEX VISHWHSHWARANAGAR MYSORKH ... APPELLANTS (BY SRI. K V ARAVIND, ADV.) ANT MRS.M SHANTHI KAMATH. W/O VIVEKANAND KAMATHCOLLEGHK ROAD MBRCARA. —. RBSPONDBENT (BY M/S. ALMT LEGAL ADVOCATES) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961ARISING OUT OF ORDER DATED 9-11-2006 PASSED IN|IT(SS)A NO. 143/BNG/2004, FOR THE ASSESSMENT|BLOCK PERIOD FROM 1.4.1995 TO 16.8.2001 , PRAYING|THAT THIS HON'BLE COURT MAY BBR PLEASBKD TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OFLAW STATED THEREIN, Il. ALLOW THR APPBAL AND SBT ASIDE THE ORDER.PASSED BY THE ITAT BANGALORE IN IT(SS)A_ NO.143/BNG/2004,DATED 9-11-2006 CONFIRM THE ORDERS.ORF THRASSISTANT COMMISSIONBR OF INCOMB TAXCENTRAL CIRCLE, MYSORE .. THRESH APPEALS ARK COMING ON FOR FINALHEARING THIS DAY,SREEDHAR RAO J., DELIVERED THE.ROLLOWING:- JU DBGMENT sri C.A.Shankar and M.Lava, learned Counseltakes notice for the respondents and undertakes to filePpOwWwe 2. The monetary limit in these appeals is less than Rs.10 lakhs. This Court in ITA No.3191/2006 has heldthat the circular No.3/2011, applies to pending appealsalso and held that denial of the benefit to the pendingappeals would amount to hostile discrepancy and attracts Article 14 of the Constitution of India and the/Revenue has preferred appeal in SLP No.27468/2012.. 3.|sri E.Sanmathi Indrakumar, learned counselfor the appellant in ITA No.296/2007 relied on thedecision of this Court in ITA No.5049, disposed of on03.10.2012, wherein, a counter of findings is given bythis Court in the decision, with regard to the circularNo.3/11 has only prospective effect and does not applyto pending appeals and this Court has taken in thesame decision in the case of!Ranka and RankaHowever, this Bench in several previous appeals has.taken note of the decision in the case of.Ranka andRanka-and also the fact that the SLP is pending beforethe Supreme Court. If the Supreme Court were todispose of the appeals with the effect that the CircularNo.3/11 have prospective effect and does not have effectto pending appeals, the Revenue is at liberty to file amemo for revival of this appeal and the order in thesecases should be of the similar effect. Accordingly, the — appeals are disposed of with liberty to the Revenue tofile a memo to revive the appeals if the judgment of the Supreme Court is rendered in their favour. Sd/-|JUDGE Sd/- | JUDGE