Ita/819/2018 Of The Pr. Commissioner Of Income Tax v. M/S. Manipal Health Enterprises

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. 819/2018 BETWEEN: 1.THE PR. COMMISSIONER OF INCOME TAX,# FLOOR, BMTC BUILDING80 FEET ROAD, KORMANGALABENGALURU-560 O95.2).THE ASST. COMMISSIONER OF INCOME TAXCIRCLE-2(3)(1)2 FLOOR |BMTC BUILDING,80 FEET ROADKORMANGALABENGALURU-560 095._.. APPELLANTS(BY SRI K.V.ARAVIND AND SRI DILIP M, ADVS.)AND"M/S. MANIPAL HEALTH ENTERPRISES PVT. LTD.NO.14, MANIPAL TOWERS|OLD AIRPORT ROAD, BEGNALURU-560 008PAN: AAGCM 5933R... RESPONDENT (BY SRI CHYTHANYA K.K., ADV. ) THIS ITA IS FILED U/S 4 OF THE KARNATAKA HIGHCOURT ACT PRAYING TO INCOME TAX APPEAL UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER|DATED:27/06/2018. PASSED IN ITA NO.10/76/BANG/2017, FORTHE ASSESSMENT YEAR 2013-2014. PRAYING THIS HON BLE COURT TO: 1. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW,STATED ABOVE. 2. ALLOW THE APPEAL AND SET ASIDE THE ORDERS.PASSED|BYTHE|INCOME|TA®XAPPELLATETRIBUNAL,BENGALURU IN ITA NO. 10/76/BANG/2017 DATED:2/7/06/201FOR ASSESSMENT YEAR 2013-2014 ANNEXURE-C AND CONFIRMTHE ORDER OF THE APPELLATE COMMISSIONER CONFIRMINGTHE ORDER PASSED BY THE ASST. COMMISSIONER OF INCOMETAX, CIRCLE-2(3)(1), BENGALURU.3. TO PASS SUCH OTHER SUITABLE ORDERS AS THIS.HON BLE COURT DEEMS FIT TO GRANT IN THE FACTS ANDCIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICEAND EQUITY. THIS ITA COMING ON FOR HEARING, THIS DAY,|DEVDASJ., 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[:.]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 lakn) 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counsel submits that|tne appeal is not maintainable and in view of the Circular, the|appeal may be permitted to be withdrawn.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 10|of 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 tneChief Commissioners of Income Tax clarifying at paragraph No.3tnat 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 appellant to)withdraw the appeal for the reasons stated above. Liberty isalso granted to the appellant to seek revival of this appeal, if it isfound that the matter falls within the exception carved out inClause 10 of Circular bearing No.3 of 2018. lnn Sd/-JUDGE Sd/-JUDGE