Rp/100007/2016 Of The Principal Commissioner Of Income Tax v. M/S Jai Ganesh Builders And Developers

IN THE HIGH COURT OF KARNATAKA|DHARWAD BENCH DATED THIS THE 20[th]DAY OF JUNE 2018 PRESENT THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA| AND| THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR. REVIEW PETITION No.10000/7 of JZOIn ITA NO.100105 of 2015 BETWEEN 1.THE PRINCIPAL COMMISSIONEROF INCOME TAXOF INCOME TAX DR.B.R.AMBEDKAR ROAD, BELAGAVI 2.THE INCOME TAX OFFICER|WARD-1(1), BELAGAVI, BELAGAVI WARD-1(1), BELAGAVI, BELAGAVI .. PETITIONERS| (By Sri. Y.V. RAVIRAJ, ADVOCATE) AND M/S JAI GANESH BUILDERS & DEVELOPERS 299/6, VIMAL GOODSHED ROAD, BELAGAVIPAN: AAFFJ 7/73 .. RESPONDENT THIS|REVIEW PETITION IS FILED UNDER ORDER XLVIL|RULE 5 R/W. SEC. 151 OF CPC., PRAYING TO REVIEW THE,ORDER DTD 16.12.2015 PASSED IN ITA NO.100105/2015 ON|THE FILE OF HON BLE HIGH COURT OF KARNATAKA, DHARWAD|BENCH.. THIS REVIEW PETITION COMING ON FOR ADMISSION|THIS DAY, P.S. DINESH KUMAR, J., MADE THE FOLLOWING: ORDER Heard Shri. Ravi Raj, learned counsel for thepetitioners. 2).Shri. Ravi Raj, learned standing counsel for therevenue submits that by inadvertence a submission was.made before this Court when the Income Tax Appeal was.being heard that the subject matter of appeal was coveredby Circular No.21/2015 in F.No.279/Misc.142/2007-ITJ(Pt) dated 10.12.2015, on the assumption that tax effect in theappeal is less than rupees twenty lakhs. It was)subsequently noticed that the tax effect in the appeal ismore than rupees twenty lakns. Hence, the Circular in)question is not applicable to the facts of this case.Accordingly, ne prays that this review petition may be)allowed and the Income Tax Appeal may be restored on.file for consideration by this Court. 3.His submission is placed on record. In the circumstance, this Review Petition is allowed.Order dated 16.12.2015 is recalled. ITA No.100105 otg'2015 is restored on the file of this Court. Registry is directed to list ITA No.100105 of 2015before appropriate bench for admission Kmvy Sd/-|JUDGE Sd/-|JUDGE|