THE PRINCIPAL COMMISSIONER OF INCOME TAX, C.R.BUILDING, I.S.PRESS ROAD, KOCHI-682018 vs. M/S.TRANS ASIAN SHIPPING SERVICES (P) LTD.

ITA/33/2016HC KeralaKLHC01026832201607 February 2017Author: HONOURABLE MR.JUSTICE ANTONY DOMINIC3 pages
AI SummaryDismissed

What were the facts?

The Revenue has filed an appeal before the High Court of Kerala challenging an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, for the assessment year 2011-2012. The assessee is M/s Trans Asian Shipping Services (P) Ltd. The ITAT's order was dated August 31, 2015. The High Court noted that a previous judgment of the High Court, which confirmed the ITAT's order in favor of the assessee for assessment years 2005-2006 to 2008-2009, had been upheld by the Apex Court in Commissioner of Income Tax v. Trans Asian Shipping Services (P) Limited [2016] 385 ITR 637 (SC). The Revenue's appeal concerns the assessment year 2011-2012.

What did the High Court hold?

The High Court held that the issues raised in the present appeal filed by the Revenue are covered by the previous judgments of the High Court and the Supreme Court. Specifically, the Court referred to its own order that confirmed the ITAT's decision in favor of the assessee for assessment years 2005-2006 to 2008-2009, which was subsequently upheld by the Apex Court. Therefore, since the present appeal concerns the same assessee and raises identical issues for assessment year 2011-2012, it is rendered meritless. The High Court dismissed the appeal. No specific issues were left undecided; the appeal was disposed of based on precedent.

What were the issues?

1. Whether the issues raised in the present appeal by the Revenue are covered by the previous judgments of the High Court and the Supreme Court concerning the same assessee for earlier assessment years. Assessee's Contention: The assessee did not explicitly present arguments in this specific High Court judgment. However, the High Court's decision implies that the issues are indeed covered by prior favorable rulings. Revenue's Contention: The Revenue is appealing the ITAT's order for assessment year 2011-2012. The judgment indicates that the Revenue's grounds in this appeal are identical to those decided in earlier years, where the Revenue did not succeed.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUE AY, THE 7TH DAY OF FEBRUARY 2017/18TH MAGHA, 1938 ITA.No. 33 of 2016 ------------------ AGAINST THE ORDER IN ITA 256/2015 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 31-08-2015 APPELLANT/RESPONDENT/REVENUE: ----------------------------- THE COMMISSIONER OF INCOME TAX, C.R.BUILDING, I.S.PRESS ROAD, KOCHI- 682 018. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT/ASSESSEE: ------------------------------ M/S TRANS ASIAN SHIPPING SERVICES (P) LTD., TRANS ASIAN CORPORATION PARK, XIV/396-C, KAKKANAD, KOCHI- 682 037. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 07-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA.No.33 of 2016 APPENDIX PETITIONER'S EXHIBITS: ---------------------- ANNEXURE A -OF ASSESSMENT ORDER DATED 28.11.2013 PASSED BY THE ASSESSING OFFICER OF ASST.YEAR 2011-12. ANNEXURE B -OF THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -II, KOCHI NO.ITA.70/R-4/E/CIT- 1/13-14 DATED 12/2/2015 FOR AS

The order continues below.

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