THE COMMISSIONER OF INCOME TAX vs. M/S. TRANS ASIAN SHIPPING SERVICES (P) LTD.

ITA/253/2015HC KeralaKLHC01025654201513 October 2015Author: HONOURABLE MRS. JUSTICE ANU SIVARAMAN,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN2 pages

AI SummaryDismissed

What were the facts?

The Commissioner of Income Tax (Appellant) has filed an appeal against the order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated May 15, 2015. The appeal concerns M/s. Trans Asian Shipping Services (P) Ltd. (Respondent). The High Court heard the learned senior counsel for the Income Tax Department. The judgment does not specify the assessment year(s) or the amount in dispute. The procedural history leading to the ITAT order is not detailed.

What did the High Court hold?

The High Court held that the issues raised in the appeal were covered against the Revenue by its own previous judgment in Trans Asian Shipping Services P. Ltd v. Commissioner of Income Tax [(2015) 371 ITR 194 (Ker)]. The Court followed this precedent. The reasoning was that the present appeal presented the same issues that were decided in the cited case. The ratio decidendi is that if a matter has been decided by a coordinate bench of the High Court, subsequent appeals on identical issues should follow that precedent. The operative direction was to dismiss the appeal. The Court noted the submission that a Special Leave Petition (SLP) against the precedent judgment was pending before the Supreme Court of India, but this did not alter the decision to dismiss the current appeal.

What were the issues?

1. Whether the issues raised in this appeal are covered against the Revenue by the judgment of this Court in Trans Asian Shipping Services P. Ltd v. Commissioner of Income Tax [(2015) 371 ITR 194 (Ker)]? (Question of law) Assessee's Contentions: Not recorded. Revenue's Contentions: The Revenue, through its learned senior counsel, argued that the issues raised in the appeal were covered against them by the aforementioned High Court judgment. They relied on the precedent set in Trans Asian Shipping Services P. Ltd v. Commissioner of Income Tax [(2015) 371 ITR 194 (Ker)].

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 MRS. JUSTICE ANU SIVARAMAN TUE AY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 ITA.No. 253 of 2015 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN ITA 139/Coch/2014 of INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH DATED 15-05-2015 APPELLANT(S): ---------------------- THE COMMISSIONER OF INCOME TAX, C.R BUILDING, IS PRESS ROAD, KOCHI 682 018. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOVERNMENT OF INDIA (TAXES), SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): ---------------------------- 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 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG

THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ. ------------------------------------------------------------------ I.T.Appeal No.253 of 2015 ------------------------------------------------------------------- Dated this the 13th day of October, 2015 J U D G M E N T Thottathil B.Radhakri

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