US TECHNOLOGY RESOURCES PVT., LTD. vs. THE COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the questions of law raised in the appeal were to be answered in favour of the assessee and against the revenue. This decision was based on a prior judgment of the same High Court in a case involving the identical appellant and respondent for a different assessment year, reported in (2018) 407 ITR 327 (Ker). The High Court allowed the Income Tax Appeal, setting aside the order of the Tribunal to the extent it was contrary to the precedent. The specific findings or reasoning from the cited precedent are not detailed in this judgment, but the operative direction is to allow the appeal.
What were the facts?
The assessee, US Technology Resources Pvt. Ltd., filed an Income Tax Appeal before the High Court of Kerala. The appeal was against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated May 23, 2018. The respondent was the Commissioner of Income Tax. The High Court noted that the very same issue had arisen in another assessment year between the identical appellant and respondent, and that decision was reported in (2018) 407 ITR 327 (Ker) concerning US Technology Resources (Pvt.) Ltd. v. Commissioner of Income-Tax. The High Court's decision in the present appeal was based on this prior ruling.
What were the issues?
1. Whether the questions of law raised in the appeal are to be answered in favour of the assessee or the revenue. The assessee contended that the questions of law should be answered in their favour, relying on a previous High Court decision in a similar case involving the same parties for a different assessment year. The revenue's contentions are not recorded in the judgment. The core of the dispute revolves around the interpretation and application of tax law as decided in the precedent case.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T Vinod Chandran, J The very same issue arose in another assessment year between the identical appellant and the respondent. The said decision is reported in (2018) 407 ITR 327(Ker)[US Technology Resources (Pvt.)Ltd. v. Commissioner of Income-Tax]. In such circumstances, the questions of law raised are answered in favour of the assessee and against the revenue. IT appeal is allowed setting aside the order of the Tribunal to that extent. K. Vinod Chandran, Judge Ashok Menon, jma Judge
ITA No.79/2018 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A THEOF THE ORDER DATED 20.3.2015 ISSUED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), THIRUVANANTHAPURAM, UNDER SECTION 143(3) READ WITH SECTION 92 CA OF THE ACT, FOR THE A.Y 2011-12. ANNEXURE B THEOF THE DIRECTIONS DATED 28.12.2015 ISSUED BY THE DRP UNDER SECTION 144C(5) OF THE ACT. ANNEXURE C THEOF THE ORDER DATED 28.1.2016 ISSUED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), THIRUVANANTHAPURAM UNDER SECTION 143(3) READ WITH SECTION 92CA READ WITH SECTION 144C OF THE ACT, FOR THE A.Y. 2011-12. ANNEXURE D THE THEOF THE APPEAL MEMORANDUM (WITHOUT ANNEXURES) DATED 22.3.2016 FILED BY THE APPELLANT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH FOR THE A.Y.2011-12. ANNEXURE E THEOF THE ORDER DATED 23.5.2018 ISSUED BY THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN ITA NO.134/COCH/2016. ANNEXURE F THEOF THE JUDGMENT DATED 9.8.2018 PASSED BY THIS HON'BLE COURT IN I.T.A NO.38/2014 AND CONNECTED APPEALS.
Recent GST High Court judgments
Search GST case law →- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026
