THE COMMISSIONER OF INCOME TAX, vs. HARRISONS MALAYALAM FINANCIAL SERVICES LTD.,
What did the High Court hold?
The High Court of Kerala held that the question raised in these Income Tax Appeals for the assessment years 1995-96 to 1997-98 had already been answered in favour of the assessee in the assessee's own case. This was based on a previous judgment of the Court dated 03.08.2012 in ITA No.96/2000, which dealt with the same assessee and assessment years. Consequently, the sole question arising in these appeals was answered in favour of the assessee and against the Revenue. The Court found no reason to deviate from its earlier decision. The appeals were therefore rejected. No costs were awarded.
What were the facts?
These three Income Tax Appeals (ITAs) were filed by the Revenue, the Commissioner of Income Tax, Cochin, against the assessee, Harrisons Malayalam Financial Services Ltd. The appeals challenge orders passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, for assessment years 1995-96 to 1997-98. Specifically, ITA No. 891/2009 challenges the ITAT's order in ITA No. 1204/Coch/2004 dated 28-11-2005. ITA No. 896/2009 challenges the ITAT's order in ITA No. 485/Coch/2004 dated 27-06-2005. ITA No. 917/2009 challenges the ITAT's order in ITA No. 486/Coch/2004 dated 27-06-2005. The appeals were heard together by the High Court of Kerala.
What were the issues?
1. Whether the High Court of Kerala should decide the issues raised in these appeals, given that the same questions for the same assessee and assessment years have already been decided in favour of the assessee by a previous judgment of this Court. Assessee's Contention: The assessee relies on the High Court's previous judgment dated 03.08.2012 in ITA No.96/2000 [Commissioner of Income Tax v. M/s.Harrisons Malayalam Financial Services Ltd.], which dealt with identical issues for the same assessee and assessment years. Therefore, the present appeals should be decided in their favour based on this precedent. Revenue's Contention: The judgment does not record any specific contentions made by the Revenue in these appeals, other than their status as the appellant challenging the ITAT's orders.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T K.Vinod Chandran, J.
The question raised in these Income Tax Appeals for the assessment years 1995-96 to 1997-98 has already been answered in favour of the assessee in the assessee's own case by judgment dated 03.08.2012 in ITA No.96/2000 [Commissioner of Income Tax v. M/s.Harrisons Malayalam Financial Services Ltd.]. In such circumstances, the sole question arising in these appeals is answered in favour of the assessee and against the Revenue. The appeals would stand rejected. No costs. K.VINOD CHANDRAN JUDGE ASHOK MENON JUDGE -5- APPENDIX OF ITA 891/2009 APPELLANT'S EXHIBITS: ANNEXURE A COPY OF ASSESSMENT ORDER DATED 29.9.1998 U/S 143(3) OF THE INCOME TAX ACT FOR THE ASST.YEAR 1996-97 ANNEXURE B COPY OF THE ORDER DATED 16.8.2004 OF THE COMMISSIONER OF INCOME TAX (APPEALS). ANNEXURE C COPY OF THE ORDER DATED 28.11.2005 OF THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH,COCHIN IN ITA NO 1204/COCH/2004 FOR THE ASST.YEAR 1996-97. ANNEXURE D COPY OF SCHEDULE 4 ATTACHED TO THE BALANCE SHEET FILED ALONG WITH THE RETURN OF INCOME. ANNEXURE E COPY OF SCHEDULE 6 ATTACHED TO THE BALANCE SHEET STATING SIGNIFICATION ACCOUNTING POLICY OF THE COMPANY. [] jg -6- APPENDIX OF ITA 896/2009 APPELLANT'S/S EXHIBITS: ANNEXURE A COPY OF ORDER U/S 143(3) R.W.S.147 OF THE INCOME TAX ACT DATED 30.8.2000 FOR THE ASST. YEAR 1995-96 ANNEXURE B COPY OF THE ORDER DATED 12.3.2004 OF THE COMMISSIONER OF INCOME TAX (APPEALS) ANNEXURE C COPY OF THE ORDER DATED 27.6.2005 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN ITA.485/COCH/2004 ANNEXURE D SCHEDULE 4 ATTACHED TO THE BALANCE SHEET FILED ALONGWITH THE RETURN OF INCOME ANNEXURE E SCHEDULE 6 ATTACHED TO THE BALANCE SHEET STATING SIGNIFICANT ACCOUNTING POLICY OF THE COMPANY [] jg -7- APPENDIX OF ITA 917/2009 APPELLANT'S/S EXHIBITS: ANNEXURE A COPY OF ORDER U/S. 143 (3) OF THE INCOME TAX ACT DTD, 29.2.2002 FOR THE ASST. YEAR 1997- 98 ANNEXURE B COPY OF THE ORDER DATED 12.3.2004 OF THE COMMISSIONER OF INCOME TAX (APPEALS) ANNEXURE C COPY OF THE ORDER DATED 27.6.2005 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN ITA NO. 486/COCH/2004. [] jg
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