THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S PANCHAMUKHI BUILDERS

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR.JUSTICE S.ABDUL NAZEER AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR R.P.No.100008/2016 IN ITA No.100129/2015 BETWEEN: 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX Dr.B.R.AMBEDKAR ROAD BELAGAVI 2. THE INCOME TAX OFFICER WARN-1(1), BELAGAVI BELAGAVI …PETITIONERS (By Shri. JEEVAN J. NEERALGI, CGC FOR Shri. Y.V.RAVIRAJ, Adv.,) AND: M/s. PANCHAMUKHI BUILDERS 299/6, VIMAL, GOODSHED ROAD BELAGAVI PAN : AAJFP2967L …RESPONDENT

2 THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 16.12.2015 PASSED IN ITA NO.100129/2015 ON THE FILE OF HON’BLE HIGH COURT OF KARNATAKA, DHARWAD BENCH. THIS REVIEW PETITION COMING ON FOR ADMISSION THIS DAY, P.S. DINESH KUMAR, MADE THE FOLLOWING:- O R D E R Heard Shri Jeevan J. Neeralgi, learned counsel for the petitioners. 2. Shri Jeevan J. Neeralgi, learned standing counsel for the petitioners submits that, by inadvertence, a submission was made before this Court when the Income Tax Appeal was being heard that the subject matter of appeal was covered by Circular No.21/2015 in F.No.279/Misc.142/2007-ITJ(Pt), dated 10.12.2015, on an assumption that, tax effect in the appeal is less than Rupees twenty lakhs. It was subsequently noticed that the tax effect in the appeal is more than Rs.20 lakhs. Hence, the Circular in question is not applicable to the facts of this case. Accordingly,

3 he prays that this review petition may be allowed and the Income Tax appeal may be restored on file for consideration by this Court. 3. His submission is placed on record. 4. In the circumstances, this Review Petition is allowed. Order dated 16.12.2015 is recalled. ITA No.100129/2015 is restored on the file of this Court. Registry is directed to list ITA No.100129/2015 before the appropriate bench for admission. Sd/- JUDGE Sd/- JUDGE cp*