1 IN HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS 27th DAY OF OCTOBER 2014 PRESENT HON BLE MR JUSTICE N. KUMAR AND HON BLE MR JUSTICE B. MANOHAR ITA NO. 123/2009 BETWEEN: 1. COMMISSIONER OF INCOME TAX C R BUILDING QUEENS ROAD, BANGALORE 2. DEPUTY COMMISSIONER OF INCOME TAX WARD-12(3), C R BUILDING, QUEENS ROAD, BANGALORE APPELLANTS (By Sri K V ARAVIND, Adv.) AND 1. M/S SUBEX LIMTIED FORMERLY SUBEX AZURE LTD ADARSH TECH PARK OUTER RING ROAD,DEVARABISANAHALLI BANGALORE-37 RESPONDENT (By Sri CHYTHANYA K K, Adv. ) This appeal is filed u/S.260-A of I.T.Act, 1961 arising out of Order dated 23-10-2008 passed in 2 ITA.No.221/Bang/2008, for Assessment year 2004- 05, praying that this Hon'ble Court may be pleased to formulate substantial questions of law stated therein and to allow appeal and set aside order passed by ITAT Bangalore in ITA No.221/Bang/2008,dated 23-10-2008 confirming order of Appellate Commissioner and confirm order passed by Deputy Commissioner of Income Tax,Circle-12(3),Bangalore in interest of justice and equity. This appeal coming on for hearing this day, N Kumar J., delivered following: JUDGMENT This appeal is by revenue against order passed by tribunal. Against very same order, revenue had preferred ITA 122/09. Two appeals arose because of appeal and cross appeal before tribunal. ITA 122/09 is already disposed off by order dated 07.07.2014 on ground that matter is within monetary limits covered by Circular No.3/11 which was held to be retrospective by this Court in case of COMMISSIONER OF INCOME TAX vs RANKA & RANKA(352 ITR page 121). Therefore, this appeal is also dismissed for same reasons, however, reserving liberty to revive this appeal in event of 3 Apex Court reversing Judgment of this Court in case of Ranka & Ranka cited supra. sd/- JUDGE sd/- JUDGE Brn CIT, Bangalore / DCIT, Ward-12(3), Bangalore v. Subex Limited Formerly Subex Azure Ltd