Karnataka High Court
Pr Commissioner Of Income Tax vs M/S Namdhari Seeds P Ltd on 30 August, 2019
Bench: L.Narayana Swamy, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2019
PRESENT
THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY
AND
THE HON'BLE MR.JUSTICE R. DEVDAS
INCOME TAX APPEAL No.359/2015
BETWEEN:
1. PR COMMISSIONER OF INCOME TAX
C.R.BUILDINGS, QUEENS ROAD,
BANGALORE-560001.
2. ASSISTANT COMMISSIONER
OF INCOME TAX, CIRCLE 2-(1),
BANGALORE ... APPELLANTS
(BY SRI E.R.INDRAKUMAR, SENIOR COUNSEL FOR SRI E.I.SANMATHI,
ADV.)
AND:
M/S NAMDHARI SEEDS P. LTD.,
SRI SAI ARCADE,
NO.8, 12TH CROSS, 1ST PHASE,
IDEAL HOMES TOWNSHIP,
RAJARAJESHWARI NAGAR,
BANGALORE-560098
PAN: AAACN6725E ... RESPONDENT
(BY SRI M.LAVA, ADV.)
THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT
1961, ARISING OUT OF ORDER DATED:22/01/2015 PASSED IN ITA
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NO. 694/BANG/2013, FOR THE ASSESSMENT YEAR 2009-2010.
PRAYING TO: DECIDE THE FOREGOING QUESTION OF LAW AND / OR
SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE
HON'BLE COURT AS DEEMED FIT AND MODIFY THE APPELLATE ORDER
DATED: 22/01/2015 PASSED BY THE ITAT, 'B' BENCH, BENGALURU,
IN APPEAL PROCEEDINGS NO. ITA NO. 694/B/2013 FOR ASSESSMENT
YEAR 2009-2010 AS SOUGHT FOR IN THIS APPEAL.
THIS ITA COMING ON FOR HEARING, THIS DAY, DEVDAS J.,
DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant-Revenue brings to the notice of this Court a Circular bearing No.17 of 2019 dated 08th August, 2019 wherein the further enhancement of monetary limit for filing of appeals by the Departments before the Income- Tax Appellate Tribunals, High Courts and Special Leave Petitions/Appeals before the Supreme Court stands amended, and by the said amendment the earlier monetary limit of Rs.50,00,000/- (Rupees fifty lakh) has not been raised to Rs.1,00,00,000/- (Rupees one crore). The earlier monetary limit was prescribed as per Circular No.3 of 2018 dated 11th July, 2018. In the light of the same, the learned counsel submits that the appeal is not maintainable and in view of the Circular, the appeal may be permitted to be withdrawn. Further, the learned counsel would also draw the attention of this Court to Clause 10 3 of the Circular No.3 of 2018 dated 11th July, 2018 wherein certain exceptions are carved out. The learned counsel submits that at the present stage it may not be possible for him to submit whether the matter falls under any of the exceptions. Therefore, it is prayed that liberty may be reserved to the appellants to move this Court, if it is found that the matter falls within the exception carved out in Clause 10 of Circular bearing Number 3 of 2018.
2. On the query of the Court as to whether the Circular is applicable to pending matters, the learned counsel draws the attention of this Court to the communication dated 20th August, 2019 made by the Central Board of Direct Taxation to all the Chief Commissioners of Income Tax clarifying at paragraph No.3 that the monetary limit prescribed in Circular No.17 of 2019 is applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References.
3. In view of the above, we permit the appellant to withdraw the appeal for the reasons stated above. Liberty is also granted to the appellant to seek revival of this appeal, if it is 4 found that the matter falls within the exception carved out in Clause 10 of Circular bearing No.3 of 2018.
Sd/-
JUDGE Sd/-
JUDGE lnn