The Commissioner of Income-tax, Bangalore / The Income-tax Officer, Ward-4(3), Bangalore v. Mahaveer Calyx
[Citation -2019-LL-0829-52]
Citation | 2019-LL-0829-52 |
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Appellant Name | The Commissioner of Income-tax, Bangalore / The Income-tax Officer, Ward-4(3), Bangalore |
Respondent Name | Mahaveer Calyx |
Court | HIGH COURT OF KARNATAKA |
Relevant Act | Income-tax |
Date of Order | 29/08/2019 |
Assessment Year | 2008-09 |
Judgment | View Judgment |
Keyword Tags | monetary limit • withdrawal of appeal |
Bot Summary: | Respondent 2 This Income Tax Appeal is filed under Section 260-A of the Income Tax Act, 1961, arising out of order dated 31.08.2012 passed in ITA No.998/Bang/2011, for the Assessment Year 2008-2009 and praying to: Formulate the substantial questions of law stated therein; Allow the appeal and set aside the order dated 31.08.2012 passed by the ITAT, Bangalore in ITA No.998/Bang/2011 and confirming the order of the Appellate Commissioner and confirm the order passed by the Income-Tax Officer, Ward-4(3), Bangalore. This Income Tax Appeal coming on for Final 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/- has not been raised to Rs.1,00,00,000/-. The earlier monetary limit was prescribed as per Circular No.3 of 2018 dated 11th July, 3 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counsel submits that the appeal is not maintainable and in view of the Circular, the appeal may be permitted to be withdrawn.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 of the Circular No.3 of 2018 dated 11th July, 2018 wherein certain exceptions are carved out. 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 4 applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References. In view of the above, we permit the appellant to withdraw the appeal for the reasons stated above. |