Ita/53/2008 Of The Commissioner Of Income Tax v. M/S Suprajit Engineering Ltd

IN THB HIGH COURT OF KARNATAKA AT BANGALORE DATEKD THIS THE 11 DAY OF APRIL 2014. PRESENT THR HON'BLE MR.JUSTICE DILIP B.BHOSALE AN D THR HON'BLBE MR..JUSTICBK B.MANOHA ITA NO.53/2008. BBRHIWEE 1. The Commissioner of Income-Tax,C R Building, Queens Road,Bangalore. ”.. The Assistant Commissioner of Income TaxCircle — 12 (2),C R Building, Queens Road,Bangalore... Appellant(By Sri.G.Kamaladhar, Advocate) AN ° M/s.Suprayjit Engineering Ltd.,No.100, Bommasandra Indl Area, Hosur Road,|Bangalore..... Responden (By Sri.A.Shankar, Adv a/w Sri.M.Lava, Adv) This ITA is filed under Sec.260-A ot Income TaxAct 1961, arising out of Order dated 07-09-2007 passedin ITA No.408/Bng/2006, for the Assessment Year2002-03, praying that this Hon'ble Court may bepleased to: 1.formulate the substantial questions of lawstated therein,stated therein, ll.allow the appeal and set aside the order|passed by the ITAT Bangalore in ITANo.408/Bng/2006 dated O7-09-2007 andcontirmtheorderoT|theAppellateCommissioner confirming the order passedby the Assistant Commissioner of IncomeTax, Circle -12(2), Bangalore, in the interestof justice and equity.passed by the ITAT Bangalore in ITANo.408/Bng/2006 dated O7-09-2007 andcontirmtheorderoT|theAppellateCommissioner confirming the order passedby the Assistant Commissioner of IncomeTax, Circle -12(2), Bangalore, in the interestof justice and equity. This appeal coming on for Admission this day,B.MANOHAR Je9delivered the following: JUDGMENT The Revenue has filed this appeal under Section200A of the Income Tax Act, 1961 (for short ‘the Act’)challenging the order dated 7-9-2007made1nNITA.No.408/Bang/2006 passed by the Income Tax AppellateTribunal, Bangalore Bench ‘A’ (for short ‘the Tribunal’)dismissing the appeal filed by the Revenue confirmingthe order passed by the First Appellate Authority. 2 |The appeal was admitted for considering the following substantial question of law: Whether the Tribunal was justified inholding that 90% of conversion charges 1s not|deductable while computing deduction under|section SOHHC of the Act?| 3.|Learned counsel for the respondent, at the outset,invited our attention to Instruction No.2/2005 dated24-10-2005 issued by the Central Board of Direct Tax,and submitted that since the tax effect, in the presentcase, does not exceed Rs.4,00,000/-, the departmentought not to have preferred the appeal. In support ofhis contention, he also invited our attention to Section|268A ot the Income Tax Act. 4Having conironted with this, Mr.G.Kamaladar,learned Counsel for the Revenue could not and did not|dispute the submissions advanced by the learnedCounsel for the respondent. 5In 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. od/-.JUDGE _* | mp sd/-|JUDGE. JUDGE.