Patspin India Ltd. vs Commissioner of Income Tax

C.N. Ramachandran Nair, J.—These review petitions are filed for reviewing the common judgment rendered in the income tax appeals filed by the assessee. The only ground raised by the review petitioners is that this Court did not take into account a subsequent decision of the Karnataka High Court in The Commissioner of Income Tax Ltu. Jss Towers. BSK III Stage Bangalore and The Asst.Commissioner of Income Tax Circle-12(5), C.R. Building, Queens Road, Bangalore and Others Vs. M/s. Yokogawa India Ltd., Plot No. 96, 3rd Cross Electronics City Complex, Hosur Road, Bangalore - 560 100 and Others etc. etc. . Learned senior standing counsel appearing for the Revenue submitted that the earlier decision of the Karnataka High Court is referred to by this Court and when assessee''s counsel challenged the correctness of the said decision, this Court independently considered the matter with reference to the amended provisions of the Act, and so much so, another decision of the Karnataka High Court to the contrary does not offer a ground for review. After hearing both sides, what we notice is that we have in our own way considered the scope of amended provisions and so much so the decision rendered by us is not based on the earlier decision of the Karnataka High Court. So much so, in effect, these review petitions are virtually another appeals against the judgment rendered in appeals, wherein we have confirmed the Tribunal''s orders. We do not find any mistake or any other ground warranting interference in the judgment in review proceedings.

Consequently, these review petitions are dismissed.