Pr. Commissioner Of Income Tax-Vi vs M/S Stanley Black And Decker India Ltd
2024 Latest Caselaw 15072 Kant

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

                                              -1-
                                                      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:
                                -2-
                                     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.

NC: 2024:KHC:24166-DB

5. Accordingly, the review petition is allowed.

Sd/-

JUDGE

Sd/-

JUDGE

CM