Ita/193/2019 Of The Pr. Commissioner Of Income Tax v. M/S Atria Hydel

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.193/2019 BETWEEN: 1.THE PR. COMMISSIONER OF INCOME TAX|# FLOOR, BMTC BUILDING © 80 FEET ROAD, KORMANAGALA |BENGALURU-560095 2 |THE INCOME TAX OFFICER|WARD-1(1)(2),2 FLOOR, BMTC BUILDING ©80 FEET ROAD, KORMANAGALABENGALURU-560095 .., APPELLANTS (BY SRI K.V.ARAVIND & SRI DILIP M., ADVS.) AND: M/S ATRIA HYDEL POWER LID .,NO.1, PALACE ROAD|BENGALURU-560001 PAN: AACCA 3754 E ... RESPONDENT (BY SRI M.LAVA, ADV.) THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT|1961, ARISING OUT OF ORDER DATED:31/10/2018 PASSED IN.C.O.NO.77/BANG/2018 IN ITA NO.535/B/2018, FOR THE ASSESSMENT| YEAR 2ZOLI-J2ZO12Z. PRAYING TQ: 1. FORMULATE THE SUBSTANTQUESTIONS OF LAW STATED ABOVE. 2. ALLOW THE APPEAL AND SETASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE|TRIBUNAL,|BENGALURU|IN|C.O.NO.77/BANG/2018IN|LIANO.535/B/2018 DATED:31/10/2018 FOR ASSESSMENT YEAR 2011-2012 ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE|COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME|TAX OFFICER, WARD-1(1)(2), BENGALURU. THIS ITA COMING ON FOR ORDERS, THIS DAY,DEVDAS J*T7DELIVERED 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 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[:.]July,2018. In the light of the same, the learned counsel submits that|the appeal is not maintainable and in view of the Circular, the|appeal may be permitted to be withdrawn. Further, the learned| counsel 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.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 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 the appeal for the reasons stated above. Liberty is also 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/-—JUDGESd/-—JUDGE