Rp/100008/2016 Of The Principal Commissioner Of Income Tax v. M/S Panchamukhi Builders

IN THRB HIGH COURT OF KARNATAKDHARWAD BENCH DATED THIS THE 8 DAY OF FEBRUARY, 2017 BRRORE THR HON’BLE MR.JUSTICK S.ABDUL NAZBER ANT THERE HON’BLE MR. JUSTICE P.S. DINESH KUM R.P.No. 100008 /20 INITA No.100129/2015 BEITWEHR 1.THR PRINCIPAL COMMISSIONER OF INCOME TAXDr.B.R.AMBEDKAR ROADBELAGAVIDr.B.R.AMBEDKAR ROADBELAGAVI 2.THERE INCOME TAX OFFICWARN-1(1), BELAGAVI BBRLAGAVI .. PETITIONERS (By Shri. JEEVAN J. NEERALGI, CGC FOR shri. Y.V.RAVIRAJ, Adv.,) AND: M/s. PANCHAMUKHI BUILDERS299/6, VIMAL, GOODSHED ROADBELAGAVI PAN : AAJ FP2967L ...RESPONDENT THIS RBVIBW PRTITION IS FILED UNDER ORDERXLVIIT RULE I OF CPC, PRAYING TO REVIEW THE ORDEDATED 16.12.2015 PASSED IN ITA NO.100129/2015 ONTHE FILE OF HON’BLE HIGH COURT OF KARNATAKA,DHARWAD BENCH. THIS|RBVIBWPRTITIONCOMING.ON|RORADMISSION THIS DAY, P.S. DINESH KUMAR, MADE THEKOLLOWING ORD BER Heard Shri Jeevan J. Neeralgi, learned counsel forthe petitioners. oDShri Jeevan J. Neeralgi, learned standingcounselfor.thepetitionerssubmitsthat,>.inadvertence, a submission was made before this Courtwhen the Income Tax Appeal was being heard that thesubject matter of appeal was covered by CircularNo.21/20195 in F.No.279/ Misc. 142/2007-ITJU(Pt), d10.12.2015, on an assumption that, tax effect in theappeal is less than Rupees twenty lakhs. It wassubsequently noticed that the tax effect in the appeal ismore than Rs.20 lakhs. Hence, the Circular in question|is not applicable to the facts of this case. Accordingly,] he prays that this review petition may be allowed and the Income Tax appeal may be restored on file forconsideration by this Court. 3.His submission is placed on record. 4In the circumstances, this Review Petition is allowed.Order dated 16.12.2015 its recalled. ITANo. 100129/2015 is restored on the file of this Court Registry is directed to list ITA No.100129/2015before the appropriate bench for admission. sd/- JUDGE od/- JUDGE