The CIT, Bangalore / The ACIT, Circle-11(1), Bangalore v. Amrut Distilleries Ltd
[Citation -2014-LL-1010-109]

Citation 2014-LL-1010-109
Appellant Name The CIT, Bangalore / The ACIT, Circle-11(1), Bangalore
Respondent Name Amrut Distilleries Ltd.
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 10/10/2014
Assessment Year 2004-05
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: The net tax effect which is the subject matter of this appeal is.5,11,031/-. In view of circular No.3/2011, which is held to be retrospective by this court in the case of Commissioner of Income Tax and Another Vs. Ranka and Ranka reported in 352 ITR 121, the appeal is not maintainable. Further it is submitted against the judgment of this court, appeal is filed and it is pending before the Hon ble Apex Court. In the event of Revenue succeeding in the appeal before the Supreme Court, liberty is reserved to the Revenue to seek for revival of this appeal.


1 IN HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS 10TH DAY OF OCTOBER 2014 PRESENT HON'BLE MR. JUSTICE N. KUMAR AND HON BLE MR. JUSTICE B. MANOHAR ITA No. 1136 OF 2008 BETWEEN; 1. COMMISSIONER OF INCOME-TAX C.R.BUILDING,QUEENS ROAD, BANGALORE 2. ASSITANT COMMISSIONER OF INCOME-TAX CIRCLE-11(1), C.R.BUILDING QUEENS ROAD, BANGALORE. APPELLANTS (BY SRI.K.V.ARAVIND, ADVOCATE) AND: M/S AMRUT DISTILLERIES LTD., NO.36, SAMPANGI TANK ROAD, BANGALORE-560 027. RESPONDENT (BY SRI. A.SHANKAR AND M.LAVA, ADVOCATES) THIS APPEAL IS FILED UNDER U/S 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 29-8-2008 2 PASSED IN ITA.NO.277/BANG/2008, FOR ASSESSMENT YEAR 2004-05 PRAYING TO FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW APPEAL AND SET ASIDE ORDER PASSED BY ITAT, BANGALORE IN ITA NO.277/BANG/2008, DATED 29- 8-2008 AND CONFIRM ORDER PASSED BY DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 11(1), BANGALORE IN INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, N. KUMAR, J. DELIVERED FOLLOWING:- JUDGMENT Revenue has preferred this appeal against order passed by Tribunal. net tax effect which is subject matter of this appeal is `.5,11,031/-. In view of circular No.3/2011, which is held to be retrospective by this court in case of Commissioner of Income Tax and Another Vs. Ranka and Ranka reported in (2013) 352 ITR 121 (Karn), appeal is not maintainable. 3 2. Further it is submitted against judgment of this court, appeal is filed and it is pending before Hon ble Apex Court. In event of Revenue succeeding in appeal before Supreme Court, liberty is reserved to Revenue to seek for revival of this appeal. Accordingly, this appeal is dismissed. Sd/- JUDGE. Sd/- JUDGE. Bsv CIT, Bangalore / ACIT, Circle-11(1), Bangalore v. Amrut Distilleries Ltd
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