Rp/298/2017 Of The Principal Commissioner Of Income Tax v. M/S. International Stones India Pvt Ltd

1 IN THR HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20 DAY OF JULY, 2018. PRESENT: THE HON’BLE MRS.JUSTICE S.SUJATHA| AND THR HON’BLE MR.JUSTICK N.K.SUDHINDRARAO REVIEW PETITION No.298 OF 2017 BETWEEN. 1.|THR PRINCIPAL COMMISSIONER © OF INCOME-TAX, 5[‘T]FLOOR, © BMTC BUILDING, 80 FEET ROAD, KORAMANGALA,BBNGALURU - 560 095. BBNGALURU - 560 095. 2 |THR DEPUTY COMMISSIONBR OF INCOME-TAX, CIRCLE-11(4), p FLOOR, BMTC BUILDING, 80 FEET ROAD, KORMANGALA,BBNGALURU-560 095.BBNGALURU-560 095. _ PRTITIONBRS) (BY SRI DILIP, ADVOCATE FORSRI ARAVIND.K.V., ADVOCATE) AND: M/S.INTERNATIONAL STONES INDIA PVT.LTD.,NO.9559/12, ALANKAR APARTMENTSFLAT NO.1, 39 CROS»s,. D) 14 MAIN, JAYANAGAR 4[‘T]T BLOCK,BBNGLAURU 560 041..~_ RBSPONDEBENT (BY MISS JINITA CHATTERJEE, ADVOCATE FOR|SRI S.PARTHASARATH, ADVOCATE) THIS RBVIBW PERTITION IS FILED UNDBR ORDER 4/RULE 1 OF CPC, PRAYING THIS HON'BLE COURT TOREVIEW THR ORDER DATEHED 21.03.2017 PASSED IN ITNO. 9659/2016, ON THE FILE OF THE HON'BLE HIGHCOURT OF KARNATAKA, BENGALURU. THIS REVIEW PETITION COMING ON FOR ORDERS,THIS DAY,S.SUJATHA, J.,MADE THR FOLLOWING: | ORDER This Review Petition is filed by the Revenue to.review the order passed by this Court in ITA No.565 of|2016 dated 21[04]March, 2017 whereby the Appeal filedby the Revenue has been disposed of as _ nomaintainable as per the Circular No.21 of 2015 issued|by the Central Board of Direct Taxes (CBDT),|Departmentot.Revenue,MinistryotFinance, 3 Government of India dated 10[4.]December, 2015 as the“tax effect” involved in the Appeal was less than Rs.20|Lakhs. | oDThis Review Petition is filed by the Revenue|contending that in terms of the CBDT Circular No.21 of|2015 in the case of a composite/common order of High|Court or Appellate Authority, which involves more than|one assessment year and common issues in more than|one assessment year, appeal shall be filed in respect of|all such assessment years even if the “tax effect” is less than prescribed monetary limits in any of the years. |The Tribunal passed a common/composite order for.assessment years 2009-10 to 2011-12. The tax effect|involved for Assessment Years 2009-10 and 2O10-11 is)more than Rs.20O Lakhs. Hence, the appeal in ITA)No.565/2016 deserves to be restored to file to hear the| 4 matter on merits, recalling the order dated 21[04]March, |2O1 7. 3.orl.Dilip, learned Counsel appearing for the|Petitioner-Revenue reiterating the grounds urged in the|Review Petition submitted that the Review Petition|requires to be considered in view of the exception.clause provided in Circular No.21 of 2015 dated 10[4.]December, 2015. 4Miss Jinita Chatterjee, appearing for the|Respondent-Assessee would submit that the issueinvolved in the main appeal ITA No.569/2016 was.considered by the Co-ordinate Bench of this Court in)ITANo.564/2016andconnectedmattersdated12.06.2018 in the case of the very same Assessee and|the substantial questions of law raised in the appealare answered in favour of the Assessee and against the Revenue. Hence, this Review Petition does not survive|for consideration, even if the merits of the case is to beconsidered. — 5.|We have given our anxious consideration to the arguments advanced by the learned counsel|appearing for the parties and perused the material on|record. 6.It is not in dispute that in the case of the|very same Assessee, the Co-ordinate Bench of this|Court in ITA No.s64/2016 and connected matters.disposed of on 12.06.2018 decided the very identical|issue involved on merits in the main appeal and the.substantial questions of law are answered in favour of,the Assessee and against the Revenue. Hence, even itf|this Review Petition has to be considered and allowed,to decide the matter on merits, as the very same| 6 Revenue. Hence, this Review Petition does not survive|for consideration, even if the merits of the case is to beconsidered. — 5.|We have given our anxious consideration to the arguments advanced by the learned counsel|appearing for the parties and perused the material on|record. 6.It is not in dispute that in the case of the|very same Assessee, the Co-ordinate Bench of this|Court in ITA No.s64/2016 and connected matters.disposed of on 12.06.2018 decided the very identical|issue involved on merits in the main appeal and the.substantial questions of law are answered in favour of,the Assessee and against the Revenue. Hence, even itf|this Review Petition has to be considered and allowed,to decide the matter on merits, as the very same| 6 substantial questions of law, which are raised in the|main appeal being already considered by the Co-ordinate Bench oft this Court and answered in favour ofthe Assessee, no purpose will be served in allowing the|Review Petition to consider the issues on merits.Hence, we find no good reasons to consider this Review|Petition. Accordingly, Review Petition stands dismissed. Sd/-.JUDGE Sd/-|JUDGE| JUDGE|