Rp/292/2022 Of The Pr Commissioner Of Income Tax v. M/S Agnus Holdings Pvt Ltd

Digitally signedby ANUSHA VLocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10 DAY OF NOVEMBER, 2023 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR REVIEW PETITION NO. 292 OF 2022 BETWEEN : 1.THE PR. COMMISSIONER OF INCOME TAX 5 FLOOR, BMTC BUILDING 6 BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU-560 095. 2.THE DEPUTY COMMISSIONER OF INCOME TAXCIRCLE-11(1) PRESENT ADDRESS DCIT, CIRCLE-1(1)(1) 2 FLOOR, BMTC BUILDING 6 BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU-560 095. …PETITIONERS (BY SHRI. M. DILIP, ADVOCATE) AND : M/S AGNUS HOLDINGS PVT. LTD STAR-2, OPP. IIMB BILEKAHALL BANNERGHATTA ROAD BENGALURU-560 076. PAN:AAHCS 6660A. …RESPONDENT (BY SMT. R. PRATHIBHA, ADVOCATE FOR SHRI. S. PARTHASARATHI, ADVOCATE) . . . . THIS R.P. IS FILED UNDER ORDER XXXXVII RULE 1 OF THE CPC, PRAYING TO REVIEW/RECALL THE ORDER DATED 07.07.2021 PASSED BY THIS HON’BLE COURT IN ITA NO. 379/2017 AND TO PASS SUCH OTHER SUITABLE ORDERS AS 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 R.P., COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING: ORDER Shri. M. Dilip, learned Standing Counsel for the Revenue submitted that ITA No.379/2017 has been dismissed on the premise that it was covered by the decision of this Court in assessee’s own case for the Assessment Year 2007-08. But the appeal filed by the Revenue in that case before this Court in ITA No.380/2013 was dismissed in view of the bar contained in Circular dated 08.08.2019 with regard to monetary limit. The dismissal of ITA No.380/2013 based on the Circular pertaining to monetary limit cannot be made applicable to ITA No.379/2017. 2. this review petition is allowed. We see some force in his argument. Accordingly, 3. ITA No.379/2017 is restored on Board. Registry shall place it before the roster Bench. No costs. Sd/- JUDGE Sd/- JUDGE SPS List No.: 1 Sl No.: 11