Ita/275/2019 Of Principal Commissioner Of Income Tax-7 v. M/S The Hutti Gold Mines Company Ltd

L IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20 DAY OF SEPTEMBER, 2019PRESENT THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON BLE MR.JUSTICE R. DEVDAS|INCOME TAX APPEAL No.275/ 201 BETWEEN: 1.PRINCIPAL COMMISSIONER OF INCOME TAX-/BMTC COMPLEXKORAMANGALABANGALORE2.THE DEPUTY COMMISSIONEROF INCOME TAX,CENTRAL CIRCLE-&(1)(1)_BANGALORE |... APPELLANTS (BY SRI E.I.SANMATHI, ADV.) AND: M/S. THE HUTTI GOLD MINES COMPANY LTD.( FLOOR,KHB SHOPING COMPLEX.NATIONAL GAMES VILLAGE|KORAMANGALABANGALORE - 560 04/7PAN: AABCT4338C .., RESPONDENT (BY SRI M.LAVA, ADV.) THIS ITA IS FILED UNDER SECTION JZ60-A OF INCOME TAX ACT1961, ARISING OUT OF ORDER DATED 12/10/2018 PASSED IN ITA.NO.1340/BANG/2017,FOR.THE|ASSESSMENTYEAR|2011-172.PRAYING TO: 1. DECIDE THE FOREGOING QUESTION OF LAW AND/OR-SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE)HON BLE COURT AS DEEMED FIT. 2. SET ASIDE THE APPELLATE|ORDER DATED:12/10/2018 PASSED BY THE INCOME TAX APPELLATE.TRIBUNAL, B BENCH, BANGALORE, IN APPEAL PROCEEDINGS|I.T.A.NO.1340/BANG/2017 FOR ASSESSMENT YEAR 2011-12. THIS ITA COMING ON FOR HEARING, THIS DAY,DEVDAS J“FfDELIVERED 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[<0]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[<0]July,2018. In tne 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counsel submits that|the appeal is not maintainable and in view of the Circular, the|appeal may be permitted to be withdrawn.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[<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.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[<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 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. inn. Sd/-—JUDGE Sd/-—JUDGE