Rp/113/2022 Of The Commissioner Of Income Tax v. Sri.k.n.surendra Reddy

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21 DAY OF OCTOBER 2022 PRESENT THE HON’BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI REVIEW PETITION NO.113OF2022 IN ITANO.33OF2006 BETWEEN: 1 . THE COMMISSIONER OF INCOME TAX LTU, 7 FLOOR, BMTC BUILDING, 6 BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560 095. LTU, 7 FLOOR, BMTC BUILDING, 6 BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560 095. 2 . THE ASST. COMMISSIONER OF INCOME TAXCIRCLE 11(2), PRESENT ADDRESS CIRCLE 11(2), PRESENT ADDRESS DCIT, CIRCLE-1, LTU, 7 FLOOR, BMTC BUILDING, 6 BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560 095. 6 BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560 095. ...PETITIONERS (BY SRI. ARAVIND K V, ADVOCATE) AND: SRI. K.N. SURENDRA REDDY KARTHA OF HUF AND SMT. VINUTHA S REDDY,NO. 109, 7 ‘C’ MAIN, 5 BLOCK, KORAMANGALA, BANGALORE. ….RESPONDENT THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING THIS HONBLE COURT TO I. REVIEW / RECALL THE ORDER DATED 09/01/2020 PASSED BY THIS HONBLE COURT IN ITA NO. 33/2006. II. TO PASS SUCH OTHER SUITABLE ORDERS AS THIS HONBLE COURT DEEMS FIT TO BE GRANTED IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, ASHOK S. KINAGI, J., MADE THE FOLLOWING: ORDER Heard the learned counsel for the petitioners. 2. The petitioners have filed this review petition to recall the order dated 9.1.2020 passed by this Court in ITA No.33/2006 on the ground that the Tribunal committed an error in passing the order under Section 254(2) of the Income Tax Act, 1961 and the Tribunal in its earlier order dated 18.1.2005 had not considered the issue and the assessee had withdrawn the ground before the Appellate Commissioner and the same had been amortalized by Compaq for a period of 36 months and only Rs.1,25,00,000/- had been claimed during the current assessment year. 3. Heard the learned counsel for the petitioners and perused the order passed in ITA No.33/2006 dated 9.1.2020. 4. We do not find any error apparent on the face of record. Accordingly, we proceed to pass the following order : ORDER Review petition is dismissed. Sd/- CHIEF JUSTICE Sd/- JUDGE rs