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

ITA/160/2016HC KeralaKLHC01026959201619 December 2016Author: HONOURABLE MR.JUSTICE ANTONY DOMINIC3 pages
AI SummaryDismissed

What were the facts?

The Revenue, Principal Commissioner of Income Tax, Kozhikode, has filed an appeal before the High Court of Kerala against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA No. 742/13. The appeal pertains to the assessment year 2007-2008. The assessee is M/s. The Kannapuram Service Co-operative Bank Ltd., Kannur. The High Court noted that the questions of law framed for its consideration had already been decided against the Revenue in a previous Division Bench judgment. The procedural history includes an assessment order dated 26.11.2012, an appellate order by the Commissioner of Income Tax (Appeals) dated 30.8.2013, and an ITAT order dated 31.7.2014, followed by a High Court order dated 15.2.2016 and the impugned ITAT order dated 4.7.2016.

What did the High Court hold?

The High Court held that the entire questions of law framed for its consideration had already been considered and answered against the Revenue in the Division Bench judgment of this Court in M/s. Chirakkal Service Co-operative Bank Ltd. and others v. The Commissioner of Income Tax [2016] 384 ITR 490 (Ker). Therefore, in light of the said judgment, the appeal filed by the Revenue was dismissed. The ratio decidendi is that if the issues raised in an appeal have been authoritatively decided by a higher court in a similar case, the current appeal should follow that precedent. The operative direction was the dismissal of the appeal. No issues were expressly left undecided.

What were the issues?

1. Whether the questions of law framed for consideration have already been decided against the Revenue by a Division Bench of this Court. (Question of law) Assessee's Contentions: The judgment does not record any specific contentions made by the assessee. The High Court's decision is based on a previous judgment. Revenue's Contentions: The Revenue has framed questions of law for consideration. The judgment states that these questions have already been considered and answered against the Revenue in the Division Bench judgment in M/s. Chirakkal Service Co-operative Bank Ltd. and others v. The Commissioner of Income Tax [2016] 384 ITR 490 (Ker). No other specific arguments from the Revenue are recorded in this judgment.

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 SHIRCY V. MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938 --------------------- AGAINST THE ORDER IN ITA 742/2013 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 04-07-2016 APPELLANT/RESPONDENT/REVENUE: ---------------------------- THE PRINCIPAL COMMISSIONER OF INCOME TAX KOZHIKODE

BY ADVS.SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEP SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/APPELLANT/ASSESSEE: ------------------------------ M/S. THE KANNAPURAM SERVICE CO-OPERATIVE BANK LTD. KANNUR 670 002. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 19-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:OF THE ASSESSMENT ORDER DATED 26.11.2012. ANNEXURE B:OF THE APPELLATE ORDER DATED 30.8.2013 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) ANNEXURE C:OF THE ORDER DATED 31.7.2014 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL. ANNEXURE D:OF THE ORDER DATED 15.2.2016 PASSED BY THE HIGH

The order continues below.

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