IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 29TH DAY OF AUGUST, 2019 PRESENT HON BLE MR.JUSTICE L. NARAYANA SWAMY AND HON BLE MR.JUSTICE R. DEVDAS INCOME TAX APPEAL No.342/2012 BETWEEN: 1. COMMISSIONER OF INCOME TAX IIIV, CENTRAL REVENUE BUILDINGS, QUEENS ROAD, BANGALORE 560 001. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-8(1), BANGALORE. ... APPELLANTS (BY SRI. E.R. INDRAKUMAR, SENIOR COUNSEL FOR SRI E.I. SANMATHI, ADVOCATE) AND: SHRI ABDUL KHADER, PROP: BILAD BUILDERS & DEVELOPERS, NO.3, BALAJI COMPLEX, II FLOOR, R.T. NAGAR MAIN ROAD, BANGALORE 560 032. ... RESPONDENT (BY SRI. CHYTHANYA K.K., ADVOCATE) 2 THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 30.04.2012 PASSED IN ITA NO.57/BANG/2011, FOR ASSESSMENT YEAR 2006-2007, PRAYING TO: I. FORMULATE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN; II. MODIFY APPELLATE ORDER DATED 30.04.2012 PASSED BY ITAT, B BENCH, BANGALORE, AS SOUGHT FOR IN ITA NO.57/BANG/2011; III. Grant such other relief as deemed fit, interest of justice. THIS ITA 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same, learned counsel submits that appeal is not maintainable and in view of Circular, 3 appeal may be permitted to be withdrawn.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 appellant to withdraw appeal for reasons stated above. Liberty is also granted to appellant to seek revival of this appeal, 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-IIIV, Bangalore / Assistant Commissioner of Income-tax, Circle-8(1), Bangalore v. Abdul Khader