Ita/143/2012 Of Commissioner Of Income Tax v. Sri Umesh Raju

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29 DAY OF AUGUST, 2019 PRESENT THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON BLE MR.JUSTICE R. DEVDAS| .INCOME TAX APPEAL Nos.143144/2012 BETWEEN: 1.COMMISSIONER OF INCOME TAX,CENTRAL C.R. BUILDINGS,CENTRAL C.R. BUILDINGS, QUEENS ROAD,BANGALORE. 2).DEPUTY COMMISSIONER OF INCOME-TAX,CIRCLE-(2) 2,BANGALORE. ... APPELLANTS| (BY SRI. E.R. INDRAKUMAR, SENIOR COUNSEL FOR SRI E.I. SANMATHI, ADVOCATE) | AND: SRI UMESH RAJU,NO.313, IV MAIN, —UPPER PALACE ORCHARDS,SADASHIVNAGAR,BANGALORE - 560 O8O. ~.. RESPONDENT| (BY SRI. M. LAVA, ADVOCATE) THESE INCOME TAX APPEALS ARE FILED UNDER SECTION260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDERDATED 06.01.2012 PASSED IN ITA NO.438/BANG/2010 AND ITANO.511/BANG/2010, FOR THE ASSESSMENT YEAR 2004-2005,PRAYING TO: I. DECIDE THE FOREGOING QUESTION OF LAWAND/OR SUCH OTHER QUESTIONS OF LAW AS MAY BEFORMULATED THEREIN. II. SET ASIDE THE APPELLATE ORDERDATED06.01.2012|PASSEDBYTHE|LTAT,."B’BENCH,BANGALORE, IN APPEAL PROCEEDINGS ITA NO.438/BANG/2010AND ITA NO.511/BANG/2010 AS SOUGHT FOR IN THIS APPEAL,THE INTERST OF JUSTICE AND EQUITY. THESE INCOME TAX APPEALS COMING ON FOR FINAL|HEARING, THIS DAY,DEVDAS J., 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[:.]August, 2019 wherein the further ennancement of monetary|limit for filing of appeals by the Departments before the Income-Tax Appellate 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[:.]July,2018. In the light of the same, the learned counsel submits that| these appeals are not maintainable and in view of the Circular,these appeals may be permitted to be withdrawn. Further, tnelearned counsel would also draw the attention of this Court toClause 10 of tne Circular No.3 of 2018 adated 1[:.]July, 2018wherein certain exceptions are carved out. The learned counselsubmits that at the present stage it may not be possible for himto submit whether the matter falls under any of the exceptions.Therefore, it is prayed that liberty may be reserved to theappellants to move this 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 whether the Circular isapplicable to pending matters, the learned counsel draws theattention of this Court to the communication dated 20[:.]August,2019 made by the Central Board of Direct Taxation to all theChief Commissioners of Income Tax clarifying at paragraph No.3that the monetary limit prescribed in Circular No.1/7 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, ifit is found that the matter falls within the exception carved out inClause 10 of Circular bearing No.3 of 2018. BvK/- Sd/- JUDGE Sd/-JUDGE