Rp/699/2020 Of Cy. Commissioner Of Income Tax 1 (1) v. M/S Lilasons Breweries Ltd

1 IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFOREHON'BLE SHRI JUSTICE SHEEL NAGU & HON'BLE SHRI JUSTICE VIRENDER SINGHON THE 30[th] OF JANUARY, 2023 REVIEW PETITION No. 699 of 2020 BETWEEN:- DY. COMMISSIONER OF INCOME TAX 1 (1), BHOPAL(MADHYA PRADESH) (BY SHRI SANJAY LAL - ADVOCATE ) .....PETITIONER AND M/S LILASONS BREWERIES LTD. R/O, 8087, INDUSTRIALAREA GOVINDPURA, BHOPAL (MADHYA PRADESH) (BY SHRI SANJAY PATEL - ADVOCATE ) .....RESPONDENT This petition coming on for admission this day, JUSTICE SHEEL NAGU passed the following: ORDER The present petition has been filed seeking review/recalling of orderpassed by this Court on 27.11.2019 in I.T.A. No.5/2017 where following orderwas passed : "Shri Sanjay Lal, Advocate for the appellant/Revenue. I.A.No.13905/2019 for withdrawal of the appeal. Learned counsel for the appellant-revenue states that sincethe tax effect involved is Rs.20,18,462/-, he has instructions towithdraw the present appeal in view of the Circular No.17/2019dated 8.8.2019 issued by the Government of India, Ministry ofFinance, Department of Revenue, Central Board of Direct Taxes (Judicial Section), New Delhi. However, he prayed that liberty begranted to the Revenue to file an application for revival of theappeal, in case something survives therein. ] In view of above, I.A.No.13905/2019 is allowed. Accordingly, this appeal is dismissed as withdrawn withliberty as prayed for. It is, however, clarified that withdrawal ofthe appeal by the Revenue shall not be taken to be affirmation oforder of the Tribunal on merits. Further, the legal issue asclaimed by the Revenue is being left open to be adjudicated in anappropriate case." The Revenue has come forward in this application for recalling/review bystating that the tax effect involved was Rs.2,01,86,321/- which is more than onecrore which is prescribed as the maximum limit in Circular No.17/2019 dated8.8.2019 empowering Revenue not to agitate. In view of above submission made on affidavit by Revenue, this Court isinclined to accept the present review/recall application which reflect palpableerror having crept in the order under review. The power of review/recall is exercised. The order dated 27.11.2019passed in ITA No.5 of 2017 stands recalled. ITA No.5 of 2017 stands restored. Accordingly, present review petition stands disposed of. (SHEEL NAGU)JUDGE DV (VIRENDER SINGH)JUDGE Digitally signed by DINESH VERMA Date: 2023.01.31 12:20:02 +05'30'