Ita/40/2012 Of The Commissioner Of Income Tax v. M/S Hotel Parag Limited

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 DAY OF DBCBMBER 2015 PRESENT THE HON’BLE MR.JUSTICE VINEET SARAN AND THE HON’BLE MRS.JUSTICE S SUJATHA ITA NO.40/2012 BETWEEN 1]THR COMMISSIONER OF |INCOME TAXINCOME TAX CR BUILDING QUEENS ROAD BANGALORE 2 |THE ASST. COMMISSIONEROF INCOME TAXOF INCOME TAX CIRCLE-1 1(4) CR BUILDING QUEENS ROAD BANGALORE, ... APPKBHLLA (BY SRI K V ARAVIND, ADV.) AND M/S HOTEL PARAG LIMITED“THE CAPITOL’, NO.3RAJBHAVAN ROADBANGALORE-560 OO]. ~_ RKBSPONDE (BY SRI A SHANKAR, ADV. &M LAVA, ADV.) THIS APPEAL IS FILED UNDER SECTION.260-A OF LT.ACT 1961, PRAYING TO SET ASIDE THE)ORDER DATED 29/09/2011 PASSED BY THE ITAT,BANGALOREINITA|NO.495/BANG/2010ANT)CONFIRMTHE.ORDER|OF|THE.APPBRLLATECOMMISSIONERCONFIRMINGTHE.ORDER|PASSEDBYTHE.ASST.COMMISSIONEROF|INCOME TAX, CIRCLE-11(4), BANGALORE, IN THE|INTEREST OF JUSTICE AND EQUITY. | THIS APPEAL COMING ON FOR’ HEARING,THIS DAY,VINEET SARAN J., DELIVERED THE!RFOLLOWING: JUDGMENT Heard the learned Counsel for the parties. 2)By a common order dated 29.9.2011, the)appeal filed by the assessee for the assessment year|2005-06 as well as the appeal filed by the revenue for|the assessment year 2006-07 were _ consideretogether. The assessee’s appeal was dismissed.whereas the appeal of the revenue was partly allowed. CnThis appeal has been filed by the revenue|for the assessment year 2005-06, where the order of the Tribunal was passed in favour of the revenue. © 4It 1s clear from the record and also’accepted by the learned Counsel for the Appellant|that this appeal has wrongly been filed. 5.Accordingly, this appeal is dismissed as| not pressed. AN /- Sd/-JUDGE Sd/-|JUDGE