Ita/136/2014 Of The Director Of Income Tax v. M/S Exotic Fruits Pvt Ltd

L IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4 DAY OF SEPTEMBER, 2019 PRESENT THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON BLE MR.JUSTICE R. DEVDAS| -INCOME TAX APPEAL Nos.136/2014 & 5759/2015 BETWEEN: 1.THE DIRECTOR OF INCOME TAXINTERNATIONAL TAXATION,| RASHTROTHANA BHAVAN,NRUPATHUNGA ROAD,BANGALORE 2.THE INCOME TAX OFFICER|(INTERNATIONAL TAXATION).WARD-1 (1), RASHTROTHANA BHAVAN, NRUPATHUNGA ROAD, BANGALORE,.., APPELLANTS (BY SRI K.V.ARAVIND & SRI DILIP M., ADVS.) AND: M/S EXOTIC FRUITS PVT LTDNO.514, 6 CROSS,Il STAGE, INDIRANAGAR,BANGALORE-560 038 .., RESPONDENT (BY SRI T.SURYANARAYANA, ADV.) THESE ITAsS ARE FILED UNDER SECTION 260-A OF INCOME TAXACT 1961, ARISING OUT OF ORDER DATED:04/10/2013 PASSED IN)ITA NO.1009, 1010, 1012 & 1013/BANG/2012, FOR THE ASSESSMENT| YEAR JZOOS-ZOLO & JOLO-ZOLL. PRAYING TO: 1. FORMULATE THESUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2. ALLOW THE)APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT,/BANGALORE IN ITA NO.1009, 1010, 1012 & 1013/BANG/2012DATED:04/10/2013 AND CONFIRM THE ORDER OF THE APPELLATE.COMMISSIONER CONFIRMING THE ORDER PASSED BY THE [INCOMETAX OFFICER (INTERNATIONAL TAXATION) WARD-1(1), BANGALORE.| THESE ITAs COMING ON FOR HEARING, THIS DAY,DEVDAS J"7|DELIVERED THE FOLLOWING: JUDGMENT Tne learned counsel for the appellant-Revenue brings to.the notice of this Court a Circular bearing No.17 of 2019 datedO8[9.]August, 2019 wherein the further ennancement of monetary|limit for filing of appeals by the Departments before the Income-Tax Appeliate Tribunals, High Courts and Special LeavePetitions/Appeals before the Supreme Court stands amended,and by the said amendment the earlier monetary limit ofRs.50,00,000/- (Rupees fifty lakh) has not been raised toRs.1,00,00,000/- (Rupees one crore). The earlier monetary limitwas prescribed as per Circular No.3 of 2018 dated 11[9.]July,2018. In the light of the same, the learned counsel submits that|tnese appeals are not maintainable and in view of the Circular,|tnese appeals may be permitted to be withdrawn. Further, the|jearned counsel would also draw the attention of this Court to Clause 10 of the Circular No.3 of 2018 dated 11[9.]July, 2018wherein certain exceptions are carved out. The learned counselsubmits that at the present stage it may not be possible for himto submit wnetner the matter falis Under any of the exceptions. |Therefore, it is prayed that liberty may be reserved to theappellants to move tnis Court, if it is found that the matter fallswithin the exception carved out in Clause 10 of Circular bearingNumber 3 of 2018. 2. On the query of the Court as to wnether the Circular is |applicable to pending matters, the learned counsel draws theattention of this Court to the communication dated 20[9.]AUGUST,2019 made by the Central Board of Direct Taxation to all theChief Commissioners of Income Tax clarifying at paragrapn No.3that the monetary limit prescribed in Circular No.17 of 2019 isapplicable to all pending Special Leave Petitions, Appeals, CrossObjections and References. 3. In view of the above, we permit the appellants to)withdraw these appeals for the reasons stated above. Liberty isalso granted to the appellants to seek revival of these appeals, if =9�=,�86734�9.19�9./�A199/2�8100,�@=9.=3�9./�/C5/:9=63�512;/4�679�=3� �017,/����68��=257012�</12=3>��6�*�68����+� 033� �"�#�� �!�� �"�#�� �!��