THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. THE PERUMANNA KLARI SERVICE CO-OPERATIVE BANK LIMITED

ITA/145/2016HC KeralaKLHC01026944201613 December 2016Author: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN3 pages

AI SummaryDismissed

What were the facts?

This appeal by the Principal Commissioner of Income Tax, Kozhikode, challenges an order of the Income-Tax Appellate Tribunal (ITAT), Cochin Bench, dated June 1, 2016. The ITAT's order pertains to Assessment Year 2009-10 and concerns the assessee, M/s. The Perumanna Klari Service Co-operative Bank Limited. The appeal before the High Court arises from the ITAT's decision, which followed an appellate order from the Commissioner of Income-Tax (Appeals) dated January 7, 2015, and an assessment order dated February 18, 2014. The specific amount in dispute is not stated in the judgment. The procedural history involves an assessment, an appeal to the CIT(A), and a further appeal to the ITAT.

What did the High Court hold?

The High Court held that the issues raised in the present income tax appeal are covered by its previous 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. The Court noted the submission from the learned standing counsel for the Income Tax Department that an SLP against the Chirakkal Service Co-operative Bank Limited judgment had been admitted. The reasoning is based on the principle of precedent, where a prior judgment of the same court on identical issues binds subsequent decisions. The ratio decidendi is that if the facts and legal issues are identical to a previously decided case by the High Court, the appeal will be decided in accordance with that precedent. No specific operative directions were issued other than the dismissal of the appeal.

What were the issues?

1. Whether the issues raised in this income tax 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 Contentions: The judgment does not record any specific contentions made by the assessee before the High Court. However, the ITAT's order, which is under challenge, would have been based on the assessee's arguments before that forum. Revenue's Contentions: The Revenue, represented by the Principal Commissioner of Income Tax, argued that the issues in the present appeal are identical to those decided by this Court 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 Service Co-operative Bank Limited 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 TUE AY, THE 13TH DAY OF DECEMBER 2016/22ND AGRAHAYANA, 1938 ITA.No. 145 of 2016 () ----------------------- AGAINST THE ORDER/JUDGMENT IN ITA 203/COCH/2015 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 01.06.2016, FOR ASSESSMENT YEAR 2009-10 APPELLANT(S)/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(S)/APPELLANT/ASSESSEE: ------------------------------------------- M/S. THE PERUMANNA KLARI SERVICE CO-OPERATIVE BANK LIMITED KATTIPPALA, MALAPPURAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 13-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA 145/16 APPENDIX APPELLANT'S ANNEXURES ANNEXURE-A : COPY OF ASSESSMENT ORDER DATED 18.02.2014. ANNEXURE-B : COPY OF APPELLATE ORDER DATED 07.01.2015 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS). ANNEXURE-C : COPY OF ORDER DATED 01.06.2016 PASSED BY THE INCOME-TAX APPELLATE TRIBUNA

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free account Sign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Recent GST High Court judgments

Search GST case law →