IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 28TH DAY OF AUGUST, 2019 PRESENT HON BLE MR.JUSTICE L. NARAYANA SWAMY AND HON BLE MR.JUSTICE R. DEVDAS INCOME TAX APPEAL NOS.206-207/2013 BETWEEN: 1. COMMISSIONER OF INCOME TAX BANGALORE - III BANGALORE 2. INCOME TAX OFFICER WARD 7(1) BANGALORE ... APPELLANTS (BY SRI.E.R.INDRAKUMAR, SENIOR COUNSEL FOR SRI.E.I.SANMATHI, ADV.) And: SHRI.RINNY EAPEN NO.570, 3RD BLOCK KORAMANGALA BANGALORE 560 034 ... RESPONDENT (BY SRI.K KIRAN KUMAR, ADV. ) THESE ITA S ARE FILED UNDER SEC.260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 30/11/2012 PASSED IN ITA NO.789/BANG/2011 AND ITA NO.246/BANG/2012 DATED 2 30/11/2012, FOR ASSESSMENT YEAR 2006-07, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW APPEAL AND SET ASIDE COMMON ORDER OF ITAT, BANGALORE IN ITA NO.789/BANG/2011 AND ITA NO.246/BANG/2012 DATED 30/11/2012 AND ALSO SET ASIDE ORDER OF COMMISSIONER OF INCOME TAX, (APPEALS)-III, BANGALORE DATED 09/06/2011 IN APPEAL NO.ITA:65/W-7(1/CIT(A)- III/BANG/08-09, IN INTEREST OF JUSTICE AND EQUITY. THESE ITAs COMING ON FOR HEARING, THIS DAY, DEVDAS J., DELIVERED FOLLOWING: JUDGMENT learned counsel for appellant-Revenue brings to notice of this Court Circular bearing No.17 of 2019 dated 08th August, 2019 wherein further enhancement of monetary limit for filing of appeals by Departments before Income- Tax Appellate Tribunals, High Courts and Special Leave Petitions/Appeals before Supreme Court stands amended, and by said amendment earlier monetary limit of Rs.50,00,000/- (Rupees fifty lakh) has not been raised to Rs.1,00,00,000/- (Rupees one crore). earlier monetary limit was prescribed as per Circular No.3 of 2018 dated 11th July, 2018. In light of same, learned counsel submits that these appeals are not maintainable and in view of Circular, 3 these appeals may be permitted to be withdrawn. Further, learned counsel would also draw attention of this Court to Clause 10 of Circular No.3 of 2018 dated 11th July, 2018 wherein certain exceptions are carved out. learned counsel submits that at present stage it may not be possible for him to submit whether matter falls under any of exceptions. Therefore, it is prayed that liberty may be reserved to appellants to move this Court, if it is found that matter falls within exception carved out in Clause 10 of Circular bearing Number 3 of 2018. 2. On query of Court as to whether Circular is applicable to pending matters, learned counsel draws attention of this Court to communication dated 20th August, 2019 made by Central Board of Direct Taxation to all Chief Commissioners of Income Tax clarifying at paragraph No.3 that monetary limit prescribed in Circular No.17 of 2019 is applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References. 4 3. In view of above, we permit appellants to withdraw these appeals for reasons stated above. Liberty is also granted to appellants to seek revival of these appeals, if it is found that matter falls within exception carved out in Clause 10 of Circular bearing No.3 of 2018. Sd/- JUDGE Sd/- JUDGE Commissioner of Income-tax, Bangalore-III, Bangalore / Income-tax Officer, Ward-7(1), Bangalore v. Rinny Eapen