Ita/17/2013 Of The Commissioner Of Income - Tax v. M/S. Mahaveer Tuscan

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.17/2013 BETWEEN: 1.Tne Commissioner of Income-Tax,C.R. Building,Queens Rodd,Bangalore. 2).The Income-Tax Officer,Ward-4(3),C.R. Building,Queens Road,Bangalore. ... Appellants (By Sri. Aravind K.V. and Sri Dilip M., Advocates) AND: M/s. Manhaveer Tuscan,No.1, 24[7 ]Main,Manaveer Towers,J.P. Nagar, 6[7 ]Phase,|Bangalore — 560 078. | ... Respondent (By Sri M. Lava, Advocate)| This Income Tax Appeal is filed under Section 260-A of theIncome Tax Act, 1961, arising out of order dated 31.08.2012passed in ITA No.155/Bang/2011, for the Assessment Year|2007-2008 and praying to:| (i)|Formulate the substantial questions of law stated.therein;therein; (il)Allow the appeal and set aside tne order dated|31.08.2012 passed by the ITAT, Bangalore in ITA|No.155/Bang/2011 and confirming the order of the.Appellate Commissioner and confirm the orderpassed by the Income-Tax Officer, Ward-4(3),Bangalore.31.08.2012 passed by the ITAT, Bangalore in ITA|No.155/Bang/2011 and confirming the order of the.Appellate Commissioner and confirm the orderpassed by the Income-Tax Officer, Ward-4(3),Bangalore. This Income Tax Appeal 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[7 ]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[7 ]July, 2018. In the light of the same, the learned counsel submits thatthe appeal is not maintainable and in view of tne Circular, theappeal may be permitted to be withdrawn. Further, the learnedcounsel would aliso draw the attention of tnis Court to Clause 10of the Circular No.3 of 2018 dated 11[7 ]July, 2018 wherein|certain exceptions are carved out. The learned counsel submitsthat at the present stage it may not be possible for him tosubmit whether the matter falls under any of the exceptions. |Tnerefore, 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 is |applicable to pending matters, the learned counsel draws theattention of this Court to the communication dated 20[7 ]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 is applicable 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