D.b. Misc. Review Petition v. M/S. Modern Insulators Ltd

1 IN THE HIGH COURT OF J UDICATURE FORRAJ ASTHAN BENCH AT J AIPUR. ORDER D.B. MISC. REVIEW PETITION NO. 6/2011IND.B. INCOME TAX APPEAL NO. 271/2010COMMISSIONER OF INCOME TAX VS.M/S. MODERN INSULATORS LTD. DATE OF ORDER : 25.04.2016 HON'BLE MR. J USTICE MOHAMMAD RAFIQHON'BLE MR. J USTICE VIJ AY K UMAR VYAS Mr. R.B. Mathur, for the petitioner. Mr. Sunil Nath with Mr. Raunak Bapna, for the respondent. BY THE COURT: This Revenue has filed this petition seeking review ofthe judgment dated 20.11.2010. It is contended this court takingassumption that question raised in the appeal was covered bydecision of the Supreme Court, decided the appeal. Learned counsel appearing on behalf of the petitioner-revenue sought to argue that the aforesaid decision noticed aretrospective amendment in Section 115 JB of the Income Tax Act. Learned counsel appearing on behalf of the respondent has submitted that tax effect of this appeal is less than Rs. 7 lacswhere as per the circular dated 10.12.2015 issued by Central Boardfor Direct Taxes, Department of Revenue, Ministry of Finance,Government of India, all such appeals pending before the High Court where the tax effect is less than Rs. 20 lacs are liable to bewithdrawn. In that view of the matter, we see no justification forreviewing aforesaid judgment, however we keep the issue open on merits. With the aforesaid observation, review petition is disposed of. (VIJ AY K UMAR VYAS),J . (MOHAMMAD RAFIQ),J . Manoj, S.NO.5. “All corrections made in the judgment/order have been incorporated in the judgment/order beingemailed.” MANOJ NARWANI Personal Assistant.