Rp/729/2012 Of The Commissioner Of Income Tax v. Abdul Asif

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 AND THE HON’BLE MR. JUSTICE RAVI MALIMATH RP No. 729 ot 2012 IN ITA No. 1352 of J2JO BETWEEN: 1.The Commissioner of Income Tax Mangalore. 2.The Deputy Commissioner of Income Tax Investigation Circle Mangalore. _.. Petition (By Sri M.Thirumalesh, Adv.,) AND: Abdul AsifPartnerM/s. Seedi BuildersD.No.11-8-675/9 Mission Street Mangalore. ... Respond This Review Petition is tiled under Order 47 Rule 1 and2 of CPC praying for review of the order dated 02-11-2011passed in ITA No.1352/2006, 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 02.11.2011 whereunder this Court dismissedthe appeal on the ground that the net tax effect was lessthan Rs.4,00,000/-, as instruction No. 2/2005 prescribes amonetary limit of Rs.4,00,000/- for preferring an appeal. 2. It is not in dispute that the net tax effect in theappeal was less than Rs.4,00,000/-. But, the contention is|that the issue relating to lability of payment of tax isirecurring in nature and therefore the instruction is notapplicable. Therefore, they seek for review of the orderpassed by this Court. 3. We do not see any merit in the said contention. As long as the issue relating to tax liability is less than Rs.4,00,000/-, merely because it is of a recurring nature, is|no ground to deny the benefit of the said circular to theassessee. In fact, it is clear that the principles ofres judicatais not attracted to tax jurisprudence which is also mademanifest by Section 268A of the Income Tax Act. Therefore,this review petition is dismissed. Sd/-JUDGE Sd/-JUDGE