ITEM NO.10 COURT NO.12 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil)....../2012 CC 21403/2012 (From judgement and order dated 19/03/2012 in ITA No.320/2007 of HIGH COURT OF KARNATAKA AT BANGALORE) COMMISSIONER OF INCOME TAX Petitioner(s) VERSUS M/S T.N.NARENDRA REDDY AND ASSOCIATE Respondent(s) (With appln(s) for c/delay in filing SLP) Date: 02/12/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Mohan Parasaran, Solicitor General Ms. A. Subhashini, Adv. Mr. D.L. Chidananda, Adv. for Mrs Anil Katiyar, Adv. For Respondent(s) UPON hearing counsel Court made following ORDER Delay condoned. Liberty is given to Department to move High Court pointing out that Circular dated 24.10.2005 should not be applied ipso facto, particularly when matters have cascading effect. There are cases under Income Tax Act, 1961, in which common principle may be involved in subsequent group of matters or large number of matters. In our view, in such cases, if attention of High Court is drawn, High Court will not apply Circular ipso facto. For that purpose, liberty is granted to Department to move High Court in two weeks. Special Leave Petition is, accordingly, disposed of. (Jayant Kumar Arora) (Sneh Bala Mehra) Sr. P.A. Court Master Commissioner of Income-tax v. M/s. T.N. Narendra Reddy and Associate