Ita/345/2014 Of The Commissioner Of Income Tax v. M/S Vijaya Bank

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15 DAY OF SEPTEMBER, 2015. PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON’BLE MR. JUSTICE B.MANOHAR.ITA NO.345/2014 BETWEEN 1.)THR COMMISSIONBR OF INCOME-TAXLTU, JSS TOWERS, BoSK IIIT STAGELTU, JSS TOWERS, BoSK IIIT STAGE BANGALORE. iaTHER ADDL. COMMISSIONER OF INCOME-TAXLTU, JSS TOWERS, BoSK IIIT STAGEBANGALORE.LTU, JSS TOWERS, BoSK IIIT STAGEBANGALORE. _. APPBELLANTS (BY SRI.K.V.ARAVIND, ADV.) AND M/S.VIJAYA BANKHEAD OFFICE,|CHENTRAL ACCOUNTS DEPARTMENT41/2, M.G.ROAD,BANGALORE-560 OO]. .. RESPONDENT (BY SRI BALRAM R. RAO, ADV..,) THIS [TA IS FILED UNDER SEC.260-A OF INCOME|TAX ACT 1961, ARISING OUT OF ORDER DATED:7.3.2014 PASSED.IN-ITA|NO.811/BANG/2018,ROR|THERASSESSMENT YEAR JOO8B-O9 PRAYING TO ALLOW THEAPPEAL AND SEI ASIDE THE ORDER PASSED BY THEINCOME TAX APPELLATE TRIBUNAL, BANGALORE AND|CONFIRMTHERORDEROF|THERAPPRHRLLATCOMMISSIONER CONFIRMING THE ORDER PASSED BY]THE COMMISSIONER OF INCOME TAX, LTU, BANGALORE. THIS ITA COMING ON FOR ADMISSION THIS DAY, |VINEET SARANJ,DELIVERED THE FOLLOWING: JUDGMENT Heard Sri K.V.Aravind, learned counsel for theappellants as well as Sri Balram R. Rao, learned counsel for the respondent-assessee and perused the record. |With the consent of learned counsel for the parties, thisappeal has been heard and is being finally disposed ofat the Admission stage. 2 |This appeal is by the Revenue challengingthe order passed by the Tribunal granting relief to theASSECSSEE. 3.|The net total tax effect in this appeal is|Rs.9,89,816/-. In view of the Instruction No.3 of 2011, which was held to be retrospective in operation by thisCourt in the case otCommissioner of Income Tax andAnother -vs- Ranka and Ranka |(2013) 352 ITRI21(Kar),the appeal is not maintainable. 4Learned counsel for the Revenue submits|that the tax which is the subject matter of this appeal is"in respect of fringe benefit tax and not Income tax. Thefringe benefit tax is a part of Income Tax Act of 1961.The nomenclature is not relevant. The tax effect arisesout of the provisions of the Income Tax Act. Therefore,the said judgment equally applies to the fringe benefittax also. Therefore, the appeal isdismissedon the.said short ground. TL Sd/- | JUDGE Sd/-| JUDGE.