Rp/100010/2016 Of The Principal Commissioner Of Income Tax v. M/S Jai Ganesh Builders And Developers

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.100010/2016 INITA No.100128/2015 BEITWEHR 1.THR PRINCIPAL COMMISSIONER OF INCOME TAXDr. B.R. AMBEDKAR ROADBELAGAVIDr. B.R. AMBEDKAR ROADBELAGAVI 2.THERE INCOME TAX OFFICWARD-1(1), BELAGAVIWARD-1(1), BELAGAVI BBRLAGAVI .. PETITIONERS (By Shri. JEEVAN J. NEERALGI, CGC FOR shri. Y.V.RAVIRAJ, Adv.,) AND: M/s. JAI GANESH BUILDERS & DEVELOPERS299/6, VIMAL GOODSHED ROAD BELAGAVI, PAN : ...RESPONDENT THIS REVIEW PEITIION IS FILED UNDER ORDERXLVIIT RULE 5 R/W SEC.151 OF CPC., PRAYING TO REVIE THERORDERDATEKD16.12.2015PASSEDINITANO.100128/2015 ON THE FILE OF HON’BLE HIGH COURTOF KARNATAKA, DHARWAD BENCH. THIS|REVIEWPETITIONCOMING.ON|KORADMISSION THIS DAY, P.S. DINESH KUMAR, MADE THEKOLLOWING ORD BER Heard Shri Jeevan J. Neeralgi, learned counsel forthe petitioners. 2.Shri Jeevan J. Neeralgi, learned standingcounsel forthe|petitionerssubmitsthat,@-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 Rupees twenty 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 for consideration 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. ITA No. 100128/2015 is restored on the file of this Court Registry is directed to list ITA No.100128/2015 before the appropriate bench for admission. od/- JUDGE od/- JUDGE ;?H