THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. THE CALICUT CITY SERVICE CO-OPERATIVE BANK

ITA/173/2016HC KeralaKLHC01026972201621 December 2016Author: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN3 pages
AI SummaryDismissed

What were the facts?

This is an appeal by the Revenue, the Principal Commissioner of Income Tax, Kozhikode, against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated June 9, 2016. The appeal pertains to the assessment year 2009-10. The assessee is M/s. The Calicut City Service Co-operative Bank Ltd. The ITAT's order followed an appellate order from the Commissioner of Income Tax (Appeals) dated September 11, 2014, which in turn was based on an assessment order dated March 14, 2013. The specific facts leading to the assessment and subsequent appeals are not detailed in the judgment.

What did the High Court hold?

The High Court held that the issues raised in the present appeal are covered by its earlier judgment in Chirakkal Service Co-operative Bank Limited v. Commissioner of Income Tax, [(2016) 384 ITR 490 (Ker)]. Consequently, the appeal filed by the Revenue was dismissed on this ground. The Court noted the submission by the Revenue's counsel that an SLP against the Chirakkal judgment had been admitted. The reasoning is that if the present case's issues are identical or substantially similar to those decided in the Chirakkal case, then the precedent set in Chirakkal would apply. The ratio decidendi is that a High Court is bound by its own previous decisions unless they are overruled by a higher court or distinguished on facts. No specific issues were left undecided; the appeal was disposed of based on the applicability of the precedent.

What were the issues?

1. Whether the issues raised in this appeal are covered by the judgment of this Court in Chirakkal Service Co-operative Bank Limited v. Commissioner of Income Tax, [(2016) 384 ITR 490 (Ker)]. Assessee's Contention: The judgment does not record any specific contentions made by the assessee before the High Court. However, the fact that the ITAT's order was in favour of the assessee suggests that the assessee likely argued that the issues were covered by favourable precedents or statutory provisions. Revenue's Contention: The Revenue's primary contention, as indicated by the judgment, is that the issues in the present appeal are covered by the High Court's own previous judgment in Chirakkal Service Co-operative Bank Limited v. Commissioner of Income Tax. The Revenue also submitted that a Special Leave Petition (SLP) filed against the Chirakkal judgment has been admitted.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNE AY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938 ITA.No. 173 of 2016 () ----------------------- AGAINST THE ORDER/JUDGMENT IN ITA 566/COCH/2014 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 09.06.2016, FOR THE ASSESSMENT YEAR 2009-10 APPELLANT(S):/RESPONDENT/REVENUE ------------ THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE.

BY ADVS.SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT(S):/APPELLANT/ASSESSEE -------------- M/S. THE CALICUT CITY SERVICE CO-OPERATIVE BANK LTD., CHALAPPURAM, KOZHIKODE - 673 001. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA173/16 APPENDIX APPELLANT'S ANNEXURES ANNEXURE-A : COPY OF ASSESSMENT ORDER DATED 14.03.2013. ANNEXURE-B : COPY OF APPELLATE ORDER DATED 11.09.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) ANNEXURE-C : COPY OF ORDER DATED 09.06.2016 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL. //// PA TO JUDGE. jg-23/1

The order continues below.

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