Ita/700/2007 Of The Commissioner Of Income Tax v. M/S Bangalore Orthopaedic Society

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10TH DAY OF APRIL 2013 PRESENT THE HON'BLE MR. JUSTICE N.KUMAR AND THE HON'BLE MR. JUSTICE B.MANOHAR ITA No.700/2007 BETWEEN : 1 THE COMMISSIONER OF INCOME TAXCENTRAL CIRCLEC R BUILDINGQUEENS ROADBANGALORE 2 THE DEPUTY DIRECTOR OF INCOME TAX (EXEMPTIONS)CIRCLE-I, C R BUILDINGQUEENS ROADBANGALORE. APPELLANTS ( By Sri. K V ARAVIND, ADV.) AND : M/S BANGALORE ORTHOPAEDIC SOCIETY, DEPARTMENT OF ORTHOPAEDICS, KIMS HOSPITAL, K.R.ROAD, V.V.PURAMBANGALORE. RESPONDENT ( By Sri. S PARTHASARATHI, ADV.) This ITA is filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 27-02-2007 passed in IT(SS)A 1/BANG/2006 for the Block Assessment Period 01-04-1989 to 24-03-1999. This ITA coming on for hearing before Court this day, N KUMAR J, delivered the following: JUDGMENT This appeal is preferred by the Revenue challenging the order passed by the Tribunal setting aside the order imposing penalty on the ground that the quantum addition on the basis of which the penalty was imposed, was deleted by the I Appellate Authority. 2.The order of the Tribunal upholding the order of the Appellate Authority which has set aside the quantum addition was the subject of the appeal before this Court in ITA No.951/2006. The said appeal came to be dismissed on merits. Therefore, when the deletion of quantum addition has attained finality insofar as this Court is concerned, the penalty, which is imposed on the basis of the quantum addition, is also unsustainable. For the aforesaid reasons, the appeal is dismissed. However, a submission was made against the order upholding the order of the Appellate Authority, which has deleted the quantum addition, the matter is taken to the Apex Court. In the event of the Revenue succeeding in the Apex Court, it is open to them to revise this appeal or challenge the order in a manner known to law. Sd/-JUDGESd/-JUDGE bkm.