THE PRINCIPAL COMMISSIONER OF vs. SHRI. MAHATMA BASAVESHWAR CO-OPERATIVE

RP/100207/2017HC KarnatakaKAHC02014300201720 June 2018Bench: B.V.NAGARATHNA,P.S.DINESH KUMAR3 pages

AI SummaryDismissed

What did the High Court hold?

The High Court held that the review petition was not maintainable. It reasoned that the liberty granted to revive the appeal was the appropriate recourse, rather than a review. Consequently, the review petition was dismissed.

What were the facts?

The Revenue filed a review petition seeking to review a previous High Court order. This was based on a subsequent Supreme Court judgment on the same issue. The High Court had previously granted liberty to the Revenue to revive the appeal if they succeeded before the Apex Court.

What were the issues?

Whether a review petition is maintainable when liberty was granted to revive an appeal based on a subsequent Supreme Court decision. The appropriate procedure for the Revenue to pursue the matter after a Supreme Court ruling.

Which sections of the Income-tax Act were involved?

Order XLVII Rule 1 of the Code of Civil Procedure, 1908

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20th DAY OF JUNE 2018 PRESENT THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR REVIEW PETITION No.100207 OF 2017 IN ITA No.100183 OF 2015

BETWEEN

THE PRINCIPAL COMMISSIONER OF INCOME TAX, DR. B.R. AMBEDKAR VEEDHI, BELAGAVI.

THE INCOME TAX OFFICER NIPPANI, DIST. BELAVAGI. ... PETITIONERS (By Sri. Y.V. RAVIRAJ, ADVOCATE)

AND

SHRI MAHATMA BASAVESHWAR CO-OPERATIVE CREDIT SOCIETY LTD., CHIKKODI ROAD, NIPPANI DIST. BELGAVI, PAN AAAAS 2281 C. ... RESPONDENT

THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC PRAYING TO REVIEW THE ORDER DATED 06.01.2016 PASSED IN THE ITA NO.100183 OF 2015 ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD.

2 THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, B.V. NAGARATHNA, J., MADE THE FOLLOWING:

ORDER

Petitioners have filed this review petition invoking Order XLVII Rule 1 of the Code of Civil Procedure, 1908.

The said petition has been filed in view of the law declared by the Hon’ble Supreme Court subsequent to the disposal of the appeal by the Division Bench of this Court on 06.01.2016 in ITA No.100183 of 2015. On perusal of the said judgment, it is noted that the Division Bench of this Court granted liberty to the Revenue to revive the appeal in the event, Revenue succeeds in the SLP filed before the Apex Court on the same issue. In that view of the matter, the review petition is not maintainable. Hence, it is dismissed reserving liberty to petitioners to revive the appeal in accordance with law if so advised.

3 In view of dismissal of the review petition, I.A.1 of 2017 seeking condonation of delay also stands dismissed.

Sd/- JUDGE

Kmv

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