Ita/77/2013 Of Commissioner Of Income Tax v. M/S M D Realtors Pvt Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29 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.77/2013 BETWEEN: 1.COMMISSIONER OF INCOME-TAX,BENGALURU - III,BENGALURU - III, BENGALURU, 2).ASST.COMMISSIONER OF INCOME-TAX,CIRCLE -12(1),| BENGALURU._.. APPELLANTS (BY SRI E.R.INDRAKUMAR, SENIOR COUNSEL FOR|SRI E.I.LSANMATHI, ADVOCATE)SRI E.I.LSANMATHI, ADVOCATE) AND: M/S. M.D.REALTORS PVT. LTD.,.NO.150, EMBASSY POINT, |1 FLOOR, INFANTRY ROAD, | BENGALURU - 560 OOL. ... RESPONDENT (BY SRI CHYTHANYA.K.K, ADVOCATE) THIS INCOME TAK APPEAL IS. FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDERDATED: 28.09.2012 PASSED IN ITA NO.8/1/B/2011, FOR THE ASSESSMENT|YEAR:2007-2008,PRAYINGI. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATEDABOVE. tt, ALLOW THE APPEAL AND SET ASIDE THE ORDERSPASSED|BYTHE|INCOME-TAXAPPELLATETRIBUNAL,BENGALURU IN ITA NO. 8/71/B/2011 DATED: 28.09.2012CONFIRMING THE ORDER OF THE COMMISSIONER OF INCOMETAX (APPEAL)-ITI BENGALURU IN APPEAL NO. ITA NO.159/W-12(1)/CIT(A)-II/BANG/O9-10 DATED 30.06.2011 FOR THEASSESSMENT YEAR 2007-08. tr. TO PASS SUCH OTHERSUITABLE ORDERS AS THIS HON BLE COURT DEEMS FIT TOGRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE INTHE INTEREST OF JUSTICE AND EQUITY. TO: | THIS|ITACOMING|ON,FOR.HEARING,THIS|DEVDAS J., DELIVERED THE FOLLOWING: DAY, | JUDGMENT The learned counsel for the appellant-Revenue brings tothe notice of this Court a Circular bearing No.1/7 of 2019 datedO8[;/]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 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counsel submits that| the appeal is not maintainable and in view of the Circular, theappeal may be permitted to be withdrawn.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. BvkK/- SD/-—JUDGE SD/-—JUDGE