Pr. Commissioner of Income-tax, Mangaluru / The Assistant Commissioner of Income-tax, Central Circle-1, Mangaluru v. Yusuf Kumble
[Citation -2019-LL-0830-96]

Citation 2019-LL-0830-96
Appellant Name Pr. Commissioner of Income-tax, Mangaluru / The Assistant Commissioner of Income-tax, Central Circle-1, Mangaluru
Respondent Name Yusuf Kumble
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 30/08/2019
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags monetary limit • low tax effect
Bot Summary: 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counsel submits that the appeal is not maintainable and in view of the Circular, the appeal may be permitted to be withdrawn.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. 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. 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. 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 4 2019 is applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References. 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.


IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 30TH DAY OF AUGUST, 2019 PRESENT HON BLE MR.JUSTICE L. NARAYANA SWAMY AND HON BLE MR.JUSTICE R. DEVDAS INCOME TAX APPEAL NO.921/2017 BETWEEN: 1. PR.COMMISSIONER OF INCOME TAX ATTAVARA MANGALURU. 2. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1 MANGALURU. ... APPELLANTS (BY SRI. E.R.INDRAKUMAR, SR.COUNSEL FOR SRI.E.I.SANMATHI, ADV.) AND: DR.YUSUF KUMBLE NO.703, WEST WIND NEAR DC BUNGLOW, COLLECTOR S GATE, MANGALORE PAN: AFHPAO556M. ... RESPONDENT (BY SRI. M.LAVA, ADV. ) 2 THIS ITA IS FILED U/S 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED: 03.05.2017 PASSED IN ITA NO.1378/B/2015, FOR ASSESSMENT YEAR 2009-2010, VIDE ANNEXURE-A, PRAYING TO DECIDE FOREGOING QUESTION OF LAW AND /OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY HON BLE COURT AS DEEMED FIT AND SET ASIDE ORDER DATED: 03.05.2017 PASSED BY INCOME TAX APPELLATE TRIBUNAL, CIRCUIT BENCH, MANGALORE, IN ITA NO.1378/B/2015 FOR ASSESSMENT YEAR 2009-2010, VIDE ANNEXURE-A, AS SOUGHT FOR IN THIS APPEAL; AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN INTEREST OF JUSTICE AND ETC. 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, 3 2018. In light of same, learned counsel submits that appeal is not maintainable and in view of Circular, 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 4 2019 is applicable to all pending Special Leave Petitions, Appeals, Cross Objections and References. 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 Pr. Commissioner of Income-tax, Mangaluru / Assistant Commissioner of Income-tax, Central Circle-1, Mangaluru v. Yusuf Kumble
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