Rp/216/2022 Of Pr.commissioner Of Income Tax-Vi v. M/S Stanley Black And Decker India Ltd

Digitallysigned byRUPA VLocation:High Courtof Karnataka RP No.216 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16 DAY OF JUNE, 2023 PRESENT THE HON'BLE MR. JUSTICE ALOK ARADHE AND THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REVIEW PETITION NO.216 OF 2022 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX-VI BMTC COMPLEX, KORAMANGALA BANGALORE. BMTC COMPLEX, KORAMANGALA BANGALORE. 2. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - (1) (2), BENGALURU. CIRCLE - (1) (2), BENGALURU. …PETITIONERS (BY SRI. E.I. SANMATHI, ADV.,) AND: 1. M/S. STANLEY BLACK AND DECKER INDIA LTD NO.28, AKEPMS, 3RD MAIN 1ST CROSS, ASHWINI LAYOUT KORMANGALA, INTERMEDIATE RING ROAD BENGALURU - 47 PAN. . NO.28, AKEPMS, 3RD MAIN 1ST CROSS, ASHWINI LAYOUT KORMANGALA, INTERMEDIATE RING ROAD BENGALURU - 47 PAN. . …RESPONDENT (RESPONDENT SERVED & UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 AND 2 OF CPC, PRAYING TO WHEREFORE, PETITIONER PRAYS THIS HON'BLE COURT MAY BE PLEASED TO REVIEW JUDGMENT DATED 14.10.2020 PASSED IN ITA NO.527/2016. PASS SUITABLE ORDERS THAT THIS HON'BLE COURT DEEMS FIT TO BE GRANTED IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING: ORDER This petition has been filed seeking review of the judgment dated 15.10.2020 passed in ITA No.527/2016, by which the appeal preferred by the revenue was dismissed in view of Circular No.17/2019 dated 08.08.2019 issued by Central Board of Direct Taxes on the ground that the tax effect involved in the appeal is less than Rs.1 Crore. 2. Learned counsel for the revenue while inviting the attention of this court to the assessment order submitted that the tax effect is more than Rs.2 Crores i.e., Rs.2,88,62,052/-/ 3. In view of the aforesaid submission, the judgment dated 14.10.2022 passed in ITA No.527/2016 is recalled. The aforesaid ITA is restored to file. Accordingly, the review petition is allowed. Sd/- JUDGE Sd/- JUDGE