THE COMMISSIONER OF INCOME TAX, vs. THE SOUTH INDIAN BANK LTD.,

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ITA/487/2009HC KeralaKLHC01025248200923 October 2018Author: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE ASHOK MENON3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Kerala, following its own previous decision in Commissioner of Income Tax v. South Indian Bank Ltd. (ITA No.946/2009), dismissed the Income Tax Appeal filed by the Revenue. The Court found that the issue raised in the present appeal was already decided in favour of the assessee in the cited case. The reasoning is that the present appeal is squarely covered by the precedent, making further adjudication unnecessary. The ratio decidendi is that if a matter is covered by a binding precedent of the same court, the appeal should be dismissed on that ground. The operative direction is the dismissal of the appeal, with no costs awarded.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax, Trichur, against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated September 19, 2005, in ITA No. 126/2004. The respondent is The South Indian Bank Ltd., Trichur. The High Court of Kerala is hearing the appeal. The specific assessment year(s) and the amount in dispute are not explicitly mentioned in the provided text. The procedural history is limited to the fact that the appeal is before the High Court after an order from the ITAT.

What were the issues?

1. Whether the appeal filed by the Revenue is to be dismissed in light of a previous decision of the High Court covering the same issue. Assessee's Contention: The assessee (South Indian Bank Ltd.) relies on the decision in Commissioner of Income Tax v. South Indian Bank Ltd. (ITA No.946/2009) to argue that the present appeal should be dismissed as it is covered by this precedent. Revenue's Contention: The Revenue, represented by the Standing Counsel, concedes that the matter is covered against them by the aforementioned decision. Therefore, they do not present any arguments against the dismissal of the appeal.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940 ITA.No. 487 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 126/2004 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 19-09-2005 APPELLANT/S: THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC FOR INCOME TAX RESPONDENT/S: THE SOUTH INDIAN BANK LTD., TRICHUR. BY ADV. SRI.P.BALAKRISHNAN (E) THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA 487/2009 2

JUDGMENT Vinod Chandran, J. The learned Standing Counsel submits that the matter is covered against the Revenue as per the decision in Commissioner of Income Tax v. South Indian Bank Ltd. (ITA No.946/2009). Hence following the aforesaid decision, the I.T.A. is dismissed. No cost. K.VINOD CHANDRAN JUDGE ASHOK MENON JUDGE

ITA 487/2009 3 APPENDIX APPELLANT'S/S ANNEXURES: ANNEXURE AOF THE ORDER OF THE ASSESSING OFFICER U/S.143(3)R.W.S.147 OF THE I.T.ACT DATED 28.3.2002. ANNEXURE BOF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) IN ITA NO.8/RI/TCR/CIT-V/02-03 DATED 5.11.2003. ANNEXURE COF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL IN I.T.A.NO.126/COCH/2004 DATED 19.9.2005. ANNEXURE DOF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL IN I.T.A.NO.36/COCH/2001 DATED 23.9.2003.

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