Rp/7/2022 Of Pr Commissioner Of Income Tax-7 v. Laxmipat Dudheria (Huf)

Digitally signedby YASHODHA NLocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24 DAY OF NOVEMBER, 2023 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REVIEW PETITION NO. 7 OF 2022 BETWEEN: 1. PR. COMMISSIONER OF INCOME TAX-7, BMTC COMPLEX KORAMANGALA BANGALORE INCOME TAX-7, BMTC COMPLEX KORAMANGALA BANGALORE 2. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BMTC COMPLEX KORAMANGALA BENGALURU …PETITIONERS (BY SHRI. E.I. SANMATHI, STANDING COUNSEL) AND : LAXMIPAT DUDHERIA (HUF)NO.66, NAVNIKETAN K.R.ROAD, BASAVANGUDI BENGALURU -4 PAN. AJTPJ9834 B …RESPONDENT (BY SHRI. DAN D’SILVA FOR SHRI. K.R. PRADEEP, ADVOCATES) . . . . THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 AND 2 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 18.08.2021 PASSED IN ITA NO.223/2020 AND TO 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 REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING: ORDER Heard Shri. E.I. Sanmathi, learned Standing Counsel for the petitioners and Shri. Dan D’Silva, learned Advocate for the respondent. 2. Shri. Sanmathi, adverting to Annexure – C (Office Memorandum dated 16.09.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes) pointed out that the order impugned in this review petition has been dismissed on the ground that the tax effect is less than Rupees One Crore and the said bar does not apply to the instant case. 3. We have perused the Circular. Shri. Sanmathi is right in his submission. Therefore, this review petition merits consideration. Hence, the following: ORDER (a)Review petition is allowed. (b)ITA No.223/2020 is restored on Board and Registry shall place it before the roster Bench. No costs. Sd/- JUDGE Sd/- JUDGE SPS List No.: 1 Sl No.: 2