Ita/145/2014 Of The Commissioner Of Income Tax v. M/S Hp India Sales Pvt Ltd

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 No.145/ 201 BETWEEN: 1.THE COMMISSIONER OF INCOME TAX,LTU, JSS TOWERS,LTU, JSS TOWERS, BSK III STAGE,BANGALORE.BANGALORE. 2).THE JOINT COMMISSIONER OF INCOME TAX,LTU, JSS TOWERS,BSK III STAGE,BANGALORE. ... APPELLANTS (BY SRI K.V. ARAVIND, AND SRI DILIP M., ADVOCATES) AND: M/S HP INDIA SALES PVT. LTD., NO.24, SALARPURIA ARENA,HOSUR MAIN ROAD,ADUGODI,BENGALURU - 560 30. ... RESPONDENT| (BY SRI T. SURYANARAYANA, ADVOCATE)| THIS INCOME TAX APPEAL [IS FILED UNDER SEC.260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDERDATED 25.10.2013 PASSED IN ITA NO.381/BANG/2013, FOR|THEASSESSMENTYEAR: 2007-2008,PRAYINGI. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATEDABOVE, ti, ALLOW THE APPEAL AND SET ASIDE THE ORDERSPASSED|BYTHE|INCOME-TAXAPPELLATETRIBUNAL,BENGALURU IN ITA NO.381/BANG/2013 DATED 25.10.2013CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONERANDCONFIRMTHE|ORDER.PASSEDBYTHE|JOINT|COMMISSIONER OF INCOME TAX, LTU, BENGALURU. TO: | THIS ITA 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counsel submits that| the appeal is not maintainable and in view of the Circular, theappeal may be permitted to be withdrawn. Further, the learnedcounsel would also draw the attention of this Court to Clause 10of the Circular No.3 of 2018 dated 11[;/]July, 2018 wherein|certain exceptions are carved out. Tne learned counsel submitstnat at the present stage it may not be possible for nim tosubmit 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 appellant towithdraw tne appeal for the reasons stated above. Liberty isalso granted to the appellant to seek revival of this appeal, if it isfound tnat the matter falls within the exception carved out inClause 10 of Circular bearing No.3 of 2018. BvkK/- Sd/-JUDGE Sd/-JUDGE