Ita/206/2013 Of Commissioner Of Income Tax v. Shri Rinny Eapen

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 NOS.206207/2013 BETWEEN: 1.COMMISSIONER OF INCOME TAX|BANGALORE - IIIBANGALORE - III BANGALORE 2.INCOME TAX OFFICER|WARD 7(1)|BANGALORE_.. APPELLANTS (BY SRI.E.R.INDRAKUMAR, SENIOR COUNSEL FORSRI.E.I.LSANMATHI, ADV.)SRI.E.I.LSANMATHI, ADV.) And: SHRI.RINNY EAPEN | NO.570, 3 BLOCKKORAMANGALA|BANGALORE - 560 034| ... RESPONDENT (BY SRI.K KIRAN KUMAR, ADV. )- THESE ITA’S ARE FILED UNDER SEC.260-A OF I.T. ACT,|1961, ARISING OUT OF ORDER DATED 30/11/2012 PASSED INITA NO.789/BANG/2011 AND ITA NO.246/BANG/2012 DATED 30/11/2012, FOR THE ASSESSMENT YEAR 2006-07, PRAYINGTO: IT. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAWSTATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THECOMMON.ORDER.OF|THE|ITAT,.BANGALORE.IN|ITANO.789/BANG/2011 ANDITANO.246/BANG/2012|DATED30/11/2012|AND|ALSOSETASIDE|THE|ORDEROF|COMMISSIONER OF INCOME TAX, (APPEALS)-III, BANGALOREDATED09/06/2011|IN|APPEAL|NO.ITA:65/W-7(1/CIT(A)-ITI/BANG/08-09, IN THE INTEREST OF JUSTICE AND EQUITY. THESE ITAS COMING ON FOR HEARING, THIS DAY,|DEVDAS J., DELIVERED THE FOLLOWING: JUDGMENT The learned counsel for the appellant-Revenue brings tothe notice of this Court a Circular bearing No.1/7 of 2019 datedO8[:1]August, 2019 wherein the further enhancement 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[:1]July,2018. In the light of the same, the learned counsel submits that|tnese appeals are not maintainable and in view of the Circular,| these appeals may be permitted to be withdrawn. Further, tnejearned counsel would also draw tne attention of this Court toClause 10 of the Circular No.3 of 2018 dated 11[:1]July, 2018wherein certain exceptions are carved out. The learned counselsubmits that at the present stage it may not be possible for himto submit wnetner the matter falis 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 wnether the Circular is |applicable to pending matters, the learned counsel draws theattention of this Court to the communication dated 20[:1]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 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 in Clause 10 of Circular bearing No.3 of 2018. INN| Sd/-—JUDGESd/-JUDGE