Rp/100011/2016 Of The Principal Commissioner Of Income Tax v. M/S Jai Ganesh Builders And Developers

IN THE HIGH COURT OF KARNATAKADHARWAD BENCH DATED THIS THE 8 DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR.JUSTICE S.ABDUL NAZEER AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR R.P.No.100011/2016 INITA No.100127/2015 BETWEEN: 1.THE PRINCIPAL COMMISSIONER OF INCOME TAXDr. B.R. AMBEDKAR ROADBELAGAVIDr. B.R. AMBEDKAR ROADBELAGAVI 2.THE INCOME TAX OFFICERWARD -1(1), BELAGAVI BELAGAVI …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 PETITION IS FILED UNDER ORDERXLVII RULE 5 R/W SEC.151 OF CPC., PRAYING TO REVIEW THE ORDER DATED 16.12.2015 PASSED IN ITANO.100127/2015 ON THE FILE OF HON’BLE HIGH COURTOF KARNATAKA, DHARWAD BENCH. THIS REVIEW PETITION COMING ON FORADMISSION THIS DAY, P.S. DINESH KUMAR, MADE THEFOLLOWING:- O R D E R Heard Shri Jeevan J. Neeralgi, learned counsel forthe petitioners. 2.Shri Jeevan J. Neeralgi, learned standingcounsel for the petitioners submits that, byinadvertence, a submission was made before this Courtwhen the Income Tax Appeal was being heard that thesubject matter of appeal was covered by CircularNo.21/2015 in F.No.279/Misc.142/2007-ITJ(Pt), dated10.12.2015, 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 inquestion 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. 4.In the circumstances, this Review Petition is allowed. Order dated 16.12.2015 is recalled. ITANo.100127/2015 is restored on the file of this Court. Registry is directed to list ITA No.100127/2015before the appropriate bench for admission. Sd/- JUDGE Sd/- JUDGE cp*