Principal Commissioner Of Income Tax-7 vs M/S Tayana Consult Private Limited
2024 Latest Caselaw 4810 Kant

Karnataka High Court

Principal Commissioner Of Income Tax-7 vs M/S Tayana Consult Private Limited on 16 February, 2024

Author: R Devdas

Bench: R Devdas

                                         -1-
                                                  NC: 2024:KHC:6810-DB
                                                    RP No. 119 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                      PRESENT
                         THE HON'BLE MR JUSTICE R DEVDAS
                                        AND
                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                         REVIEW PETITION NO. 119 OF 2022
                                        IN
                              I T A NO. 298 OF 2019
              BETWEEN:
              1.    PRINCIPAL COMMISSIONER OF INCOME TAX-7,
                    BMTC COMPLEX, KORAMANGALA, BENGALURU.
              2.    DEPUTY COMMISSIONER OF INCOME TAX
                    CIRCLE-7(1)(1), BMTC COMPLEX,
                    KORAMANGALA, BENGALURU.
                                                        ...PETITIONERS
              (BY SRI SANMATHI E I, ADVOCATE)
              AND:
              M/S TAYANA CONSULT PRIVATE LIMITED,
              NO.3155/A, 11TH MAIN,2ND STAGE,
Digitally     NEAR ESI HOSPITAL,INDIRANAGAR,
signed by
PRAMILA G V   BANGALORE-560 038,PAN AABCG7893D.
                                                        ...RESPONDENT
Location:
HIGH COURT    (BY SMT GEETHA RANI K, ADVOCATE FOR
OF            SRI NARENDRA KUMAR, ADVOCATE)
KARNATAKA
                  THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
              1 READ WITH SECTION 114 OF CODE OF CODE OF CIVIL
              PROCEDURE PRAYING THIS HON'BLE COURT TO:
                   (A) REVIEW JUDGMENT DATED 28/08/2019 IN ITA NO.
              298/2019 AND RESTORE THE APPEAL OF THE PETITIONER-
              APPELLANT TO BE HEARD INDEPENDENTLY AFRESH.
                  (B) TO PASS SUITABLE ORDERS THAT THIS HON'BLE
              COURT DEEMS FIT TO BE GRANTED IN THE FACTS AND
                                -2-
                                          NC: 2024:KHC:6810-DB
                                             RP No. 119 of 2022




CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.

     THIS PETITION COMING ON FOR FURTHER ORDERS THIS
DAY, R DEVDAS J., MADE THE FOLLOWING:

                            ORDER

Heard Shri. E.I. Sanmathi, learned Standing Counsel

for the petitioners and Smt Geetha Rani K, learned Advocate

for Sri Narendra Kumar for the respondent.

2. Shri. Sanmathi, adverting to Instruction No.17/19

issued by the Ministry of Finance, Department of Revenue,

Central Board of Direct Taxes) pointed out that the order

impugned in this review petition has been dismissed on the

ground that the tax effect is less than Rupees One Crore and

the said bar does not apply to the instant case as the case falls

under exception clause relating to revenue audit objection.

3. We have perused the Circular. Shri. Sanmathi is

right in his submission. Therefore, this review petition merits

consideration.

NC: 2024:KHC:6810-DB

4. Hence, the following:

ORDER

(a) Review Petition is allowed.

(b) ITA No.298/2019 is restored on Board and

Registry shall place it before the roster Bench.

(c) If the respondent has any objections to raise

regarding the documents filed at the hands of the

review petitioner, such objections is permitted to be

raised in the main appeal after restoration.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

BRN