Ita/813/2008 Of The Commissioner Of Income-Tax v. M/S Amsoft Information Services

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATBD THIS THER DAY OF AUGUST, 2014. PRESENT THE HON’BLE MR.JUSTICEK N.KUMAR ANT) THER HON’BLE MRS..JUSTICEK RATHNAKA INCOME TAX APPEAL NO.813 OF 2008 BBRITIWEE 1.THE COMMIssIONER OF INCOME-TAX,C.R. BUILDING,QUEENS ROAD,BANGALORE. «|THE DY. COMMISSIONER OF INCOME-TAX,CIRCLE-11(1),.C.R. BUILDING,QUEENS ROAD,BANGALORE... APPELLANTS (BY SRI K.V.ARAVIND, ADV.) AND:M/S. AMSOFT INFORMATION SERVICES(INDIA) PVT. LTD.,NO.4A, NITESH, BROADWAY,M.G. ROAD,BANGALORE.». RESPONDENT (BY SRI A.SHANKAR AND SRI M.LAVA, ADVS.)_ THIS INCOMB TAX APPBAL IS FILED UNDER SBCTION|2600-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 22 03-2008PASSED|IN|ITA|NO.602/BNG/2007,FORTH EASSESSMENT YEAR 2002-2003, PRAYING THAT THIS HON'BLECOURT MAY BEB PLBASED TO: L.|FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW|STATED THEREIN,STATED THEREIN, Il.ALLOW THR APPBEAL AND SET ASIDK THR ORDERPASSED BY THE INCOME TAX APPELLATE TRIBUNAL,|BANGALORE IN ITA NO.602/BNG/2007, DATED 28-03-I2OO8 CONFIRM THR ORDERS OF THR APPBRLLATCOMMISSIONBR AND CONFIRM THE ORDER PASSED BYTHE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE, IN THE INTEREST OF JUSTICE AND.EOUITY.PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,|BANGALORE IN ITA NO.602/BNG/2007, DATED 28-03-I2OO8 CONFIRM THR ORDERS OF THR APPBRLLATCOMMISSIONBR AND CONFIRM THE ORDER PASSED BYTHE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE, IN THE INTEREST OF JUSTICE AND.EOUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY,|N. KUMAR * DELIVERED THE FOLLOWING: JU DGMENT This is an appeal preferred by the Revenue againstthe order passed by the Tribunal, which has allowed theappeal of the assessee. 2. The net tax effect, which is the subject matter ofthis appeal is Rs.4,39,315/-. 3. In view of the Instruction No.3/2011, which isheld to be retrospective in operation by this Court in the case otCommisstoner of Income Tax & Another -vs- Ranka and Rankareported in)(2013) 352 ITR 121 (Kar]3this appeal is not maintainable. However, it issubmitted that the Revenue has preferred an appealagainst the said judgment of this Court. In the event ofthe Apex Court reversing the said judgment, liberty isreserved to the appellants to seek for revival of thisappeal. — Accordingly, without going into the merits of theappeal, the appeal is dismissed on the ground of taxeffect being less than Rs.10 lakhs. KNM/-| Sd/-) Sd/-)JUDGE Sd/-) JUDGE