Order v. M/Sranka And Ranka, Ita

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 6[th]day of July, 2012 PRESENT THE HON’BLE MR. JUSTICE N KUMAR ANI THE HON’BLE MR. JUSTICE RAVI MALIMATH RP No. 330 ot 2012 IN ITA No. 143 of 2007 BETWEEN: 1.The Commissioner of Income TaxCentral CircleC.R.BuildingQueens RoadBangalore.Central CircleC.R.BuildingQueens RoadBangalore. 2.The Deputy Commissioner of Income TaxCentral Circle — 1C.R.Building.Central Circle — 1C.R.Building. ... Petitioners (By Sri K.V.Aravind, Adv.) AND: M/s. Jansons Carpet ManutacturersNo./75/76, Janson BuildinCommercial StreetBangalore — 560001, ... Respond This Review Petition is tiled under Order 47 Rule 1 and2 of CPC praying for review of the order dated 03-11-2011passed in ITA No.143 of 2007 on the file of the Hon’ble HighCourt of Karnataka, Bangalore. This Review Petition coming on for orders this day,N KUMARJ9made the following:- ORDER The Revenue is seeking to review the order passed bythis Court on 22.92.2012 whereunder this Court dismissethe appeal on the ground that the net tax effect which is thesubject matter of the appeal was less than Rs.10,00,000/-,by following the judgment of this Court in the case ofTHECOMMISSIONER OF INCOME TAX AND ANOTHER vs M/SRANKA AND RANKA, ITA No. 3191/2005|disposed of on92,11.2011 2. It is submitted that the revenue is preferring anappeal against the order passed by this Court holding thatthe instruction No. 3/2011 is retrospective in nature andtherefore they submit that this petition has to await thedecision of the Apex Court in the aforesaid appeal to be filed. 3 3. On that ground it is not possible to Keep thismatter pending. All that we can do is, as the appeal isidismissed following the judgment in the aforesaid case ofM/s. Ranka and Ranka, in the event of the Apex Courtsetting aside the said order and holding it as prospective,then it is open to the revenue to seek for review of the order,Reserving such liberty, this petition is dismissed. Sd/-JUDGE Sd/-JUDGE