Karnataka High Court
Pr. Commissioner Of Income Tax-Vi vs M/S Stanley Black And Decker India Ltd on 28 June, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:24166-DB
RP No. 226 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REVIEW PETITION NO. 226 OF 2022
BETWEEN:
1. PR. COMMISSIONER OF INCOME TAX-VI
BMTC COMPLEX, KORAMANGALA
BANGALORE.
2. DEPUTY COMMISSIONER OF INCOME TAX
CIRCLE - 6 (1) (2), BENGALURU.
...PETITIONERS
(BY SRI. SANMATHI E I.,ADVOCATE)
AND:
M/S STANLEY BLACK AND DECKER INDIA LTD
NO.28, AKEPMS 3RD MAIN
1ST CROSS, ASHWINI LAYOUT
Digitally signed
by SHAKAMBARI KORMANGALA, INTERMEDIATE RING ROAD
Location: HIGH BENGALURU - 47
COURT OF PAN. AAACB4681R
KARNATAKA
...RESPONDENT
(BY SRI. TANMAYEE RAJKUMAR.,ADVOCATE)
THIS REVIEW PETITION IS FILED UNDER ORDER 47
RULE 1 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED
14/10/2020 PASSED IN ITA NO. 526/2016.
THIS REVIEW PETITION, COMING ON FOR ORDERS,
THIS DAY, H.T.NARENDARA PRASAD J, MADE THE
FOLLOWING:
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NC: 2024:KHC:24166-DB
RP No. 226 of 2022
ORDER
This petition is filed seeking review of the judgment dated 14.10.2020 passed in ITA No.526/2016, whereby the appeal preferred by the revenue was dismissed in view of Circular No.17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes on the ground that the tax effect involved in the appeal is less than Rs.1 Crore. However, liberty was reserved to the petitioner herein to revive the appeal in case the matter falls within the exceptions of the Circular dated 08.08.2019.
2. The learned counsel appearing for the petitioner submits that the tax effect is more than Rs.1 Crore and sought for recalling the order.
3. Heard the learned counsel for the parties and perused the petition papers.
4. In view of the submission made above, the order dated 14.10.2020 passed in ITA No.526/2016 is recalled. The ITA No.526/2016 is restored to file. -3-
NC: 2024:KHC:24166-DB RP No. 226 of 2022
5. Accordingly, the review petition is allowed.
Sd/-
JUDGE Sd/-
JUDGE CM List No.: 1 Sl No.: 3