Ita/185/2017 Of Pr.commissioner Of Income Tax-6 v. M/S Skyline Construction & Housing Pvt Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28 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. 1185/201 BETWEEN: 1.PR. COMMISSIONER OF INCOME TAX-6,BMTC COMPLEX, BMTC COMPLEX, KORAMANGALA, BANGALORE. 2).DY. COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE —- 1(1),BMTC COMPLEX, KORAMANGALA,BANGALORE._.. APPELLANTS (BY SRI E.R. INDRAKUMAR, SENIOR COUNSEL FOR|SRI E.I. SANMATHI, ADVOCATE)| AND= M/S. SKYLINE CONSTRUCTION & HOUSING PVT. LTD.,.NO.11, HAYES ROAD,BANGALORE - 560 O25.PAN: AAHCS 02327 N... RESPONDENT| (BY SMT. S.R. ANURADHA, ADVOCATE) THIS ITA IS. FILED UNDER SECTION 260-A OF THEINCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED04.11.2016 PASSED IN ITA NO.561/BANG/2011, FOR THEASSESSMENT YEAR 2005-2006 PRAYING TO (A) DECIDE THEFOREGOING QUESTION OF LAW AND / OR SUCH OTHERQUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON BLECOURT AS DEEMED FIT. (B) SET ASIDE THE APPELLATE ORDERDATED: 04/11/2016 PASSED BY THE ITAT, A, BENCH,BENGALURU IN ITA NO. 561/BANG/2011 FOR ASSESSMENTYEAR 2005-2006, AS SOUGHT FOR IN THIS APPEAL; AND ETC.., THIS ITA COMING ON FOR ORDERS, THIS DAY,DEVDASJ., 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[<0]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 py tne 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[<0]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counsel submits that| the appeal is not maintainable and in view of the Circular, theappeal may be permitted to be withdrawn.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[<0]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[<0]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. lnn Sd/-JUDGE Sd/-JUDGE