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

ITA/146/2016HC KeralaKLHC01026945201613 December 2016Author: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN3 pages
AI SummaryDismissed

What were the facts?

This appeal concerns the assessment year 2010-11. The assessee is M/s. The Perumanna Klari Service Co-operative Bank Ltd. The revenue, represented by the Principal Commissioner of Income Tax, Kozhikode, is the appellant. The order under challenge is the order dated 01.06.2016 passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA 204/COCH/2015. The ITAT's order followed an appellate order dated 07.01.2015 passed by the Commissioner of Income-Tax (Appeals) and an assessment order dated 18.02.2014. The High Court of Kerala is hearing the appeal filed by the revenue against the ITAT's order.

What did the High Court hold?

The High Court held that the issues raised in the present appeal were covered by its earlier judgment in Chirakkal Service Co-operative Bank Limited v. Commissioner of Income Tax, [(2016) 384 ITR 490 (Ker)]. Consequently, the High Court dismissed the appeal filed by the revenue. The reasoning is that since the present appeal's issues are identical to those decided in the Chirakkal Service Co-operative Bank case, the outcome must be the same. The ratio decidendi is that if a subsequent appeal raises issues already authoritatively decided by the High Court in a precedent, the subsequent appeal will be dismissed on that ground. The operative direction was to dismiss the appeal. No issue was expressly left undecided.

What were the issues?

The High Court of Kerala had to decide whether the issues raised in the income tax appeal filed by the revenue were covered by a previous judgment of the same Court. The revenue contended that the issues were covered by the judgment in Chirakkal Service Co-operative Bank Limited v. Commissioner of Income Tax, [(2016) 384 ITR 490 (Ker)]. The assessee's contentions are not recorded in the judgment. The question of law, implicitly, is whether the ITAT's order, which is under challenge, was in accordance with the law laid down in Chirakkal Service Co-operative Bank Limited.

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. 146 of 2016 () ----------------------- AGAINST THE ORDER/JUDGMENT IN ITA 204/COCH/2015 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 01-06-2016, FOR THE ASSESSMENT YEAR 2010-11 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 LTD KUTTIPPALA, MALAPPURAM.

THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 13-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA 146/16 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 TRIBUNAL. //TRUE

The order continues below.

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