Ita/312/2007 Of The Commissioner Of Income Tax v. M/S T N Narendra Reddy And Associates

IN THB HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27[‘T]DAY OF JANUARY 2014 PRESENT THER HON’BLE MR. JUSTICE DILIP B.BHOSALEAN 1 THE HON’BLE MR. JUSTICE B.MANOHAR| I.T.A. No.312/2007 BETWEEN : 1.|The Commissioner of Income-tax, Central Circle, C.R.Building, Queens Road, Bangalore. 2.|The Asst. Commissioner Of Income-Tax, Circle — 9(1), C.R. Building, Queens Road, Bangalore. ... APPELLANTS (By Sri.K.V.Aravind, Adv.) AND :. M/s. T.N.Narendra Reddy & Associates, No.1/11,Ulsoor Road, |W.H. Hanumanthappa Layout,Bangalore — 42. ...RESPONDENT (By Sri.S.Parthasarathi, Adv.) . . . . -9O-. This I.T.A. is filed under Section ZJO0OA of thIncome Tax Act, 1961 praying to (i) formulate thesubstantial questions of law stated therein, (11) allow theappeal and set-aside the order passed by the IncomeTax|AppellateTribunal,Bangalore|1nLT.A..No.2/7/9/Bang/2004 dated 22.09.2006confirming theorder of the Appellate Commissioner and confirm theorder passed by the Assistant Commissioner of IncomeTax, Circle-9(1), Bangalore in the interest o justice andequity. This 1.T.A. coming on for|hearing,this day,DiltpB.Bhosale, J.,delivered the following: JUDGMENT PC: The learned counsel appearing for the respondent, at the outset, invited our attention to InstructionNo.2/2005 dated 24.10.2005 issued by the CentralBoard of Direct Tax under Section J6O8A of the IncomeTax Act, to submit that since the tax effect, in the.present case does not exceed Rs.4,00,000/-, this appealis not maintainable. 2. Having conironted with this, Mr.Aravind, learned counsel appearing for the Revenue did not -3-. dispute the submissions advanced by the learnedcounsel for the respondent. 3. In view thereof and considering InstructionNo.2/2005 dated 24.10.2005 read with Section 268A ofthe Act, we.dispose of‘the appeal as not maintainable. 3. In view thereof and considering Instruction Sd/-. JUDGE Sd/- JUDGE SPS