Karnataka High Court
Pr Commissioner Of Income Tax - 7 vs M/S Valtech India Systems Pvt Ltd., on 29 August, 2019
Bench: L.Narayana Swamy, R Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH 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.473/2017
BETWEEN:
1. PR. COMMISSIONER OF INCOME TAX-7
BMTC COMPLEX,
KORAMANGALA,
BANGALORE .
2. DEPUTY COMMISSIONER OF INCOME TAX
CIRCLE-12(5)
BANGALORE.
... APPELLANTS
(BY SRI JEEVAN J. NEERALGI, ADVOCATE)
AND:
M/S. VALTECH INDIA SYSTEMS PVT. LTD.,
NO. 30/A, FIRST MAIN ROAD,
J.P. NAGAR, III PHASE,
BANGALORE - 560 078.
PAN : AABCM9085F
... RESPONDENT
THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT
1961, ARISING OUT OF ORDER DATED 13/01/2017 PASSED IN
IT(TP)A NO.1496/BANG/2010, FOR THE ASSESSMENT YEAR
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2006-2007 PRAYING TO (1) 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 SET ASIDE THE APPELLATE ORDER DATED 13/01/2017
PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'A' BENCH,
BENGALURU, AS SOUGHT FOR, IN THE RESPONDENT-
ASSESSEE'S CASE, IN APPEAL PROCEEDINGS IN IT(TP)A
NO.1496/BANG/2010 FOR ASSESSMENT YEAR 2006-2007 &
GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST
OF JUSTICE.
THIS ITA COMING ON FOR ORDERS, 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counsel submits that 3 the appeal is not maintainable and in view of the Circular, the appeal may be permitted to be withdrawn.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 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.
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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 found that the matter falls within the exception carved out in Clause 10 of Circular bearing No.3 of 2018.
Sd/-
JUDGE Sd/-
JUDGE Bvk/-