Ita/551/2013 Of The Commissioner Of Income Tax v. Smt K Jayalakshmi

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30 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.551/2013 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX)PARK VIEW BUILDING,NO.284/1, 4 MAIN,PJ EXTENSION,DAVANAGERE-5/7/7 OO 2. THE ASST. COMMISSIONER OF INCOME TAX!CIRLCE-1, NO.70, 100 FEET ROAD,GOPALAGOWDA EXTENSION,SHIMOGA-5/7/7 JZO_. APPELLANTS (BY SRI. K V ARAVIND AND SRI. DILIP.M., ADVOCATES) AND" SMT. K. JAYALAKSHMLPROPRX., SRI KRISHNA TRANSPORT|& SNEHA ENTERPRISES,|SAVAKAR NAGAR,B H ROAD,SHIMOGA |... RESPONDENT (BY SMT. JINITA CHATTERJEE ANDSRI. S. PARTHASARATHI, ADVOCATES).SRI. S. PARTHASARATHI, ADVOCATES). THIS ITA [IS FILED UNDER SECTION 260-A OF INCOMETAX ACT 1961, ARISING OUT OF ORDER DATED 13/06/2013PASSED IN ITA NO. 1036/BANG/2012, FOR THE ASSESSMENTYEAR2009-2010,PRAYING TO1.|FORMULATETHE|SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. 2. ALLOWTHE APPEAL AND SET ASIDE THE ORDERS PASSED BY THEILTAT,BANGALORE IN ITA NO.1036/BANG/2012 DATED:13/06/2013CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONERANDCONFIRMTHE|ORDER.PASSEDBYTHE|ASST.COMMISSIONER OF INCOME TAX, CIRCLE-1, SHIMOGA. THIS|ITACOMING|ON,FOR.HEARING,THIS|DAY, |DEVDAS J., DELIVERED THE FOLLOWING: JUDGMENT The learned counsel for the appellant-Revenue brings totne notice of this Court a Circular bearing No.1/7 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 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[:.]July,2018. In tne 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counsel submits that| the appeal is not maintainable and in view of the Circular, theappeal may be permitted to be withdrawn.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[:.]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[:.]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. inn. Sd/-JUDGE Sd/-JUDGE