THE COMMISSIONER OF INCOME TAX-II, COCHIN vs. M/S.E.K.K.& CO., MUNICIPAL BUILDING, PERUMBAVOOR

ITA/119/2013HC KeralaKLHC01026004201303 March 2014Author: HONOURABLE MR.JUSTICE A.M.SHAFFIQUE,HONOURABLE THE CHIEF JUSTICE DR. MANJULA CHELLUR3 pages
AI SummaryRemanded

What were the facts?

This is an appeal by the Revenue (Commissioner of Income Tax-II, Cochin) against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench. The ITAT's order, dated November 16, 2012, pertains to Assessment Year 2009-10 and was passed in ITA No. 138/Coch/2012. The assessee is M/s. E.K.K. & Co. The specific subject matter of the appeal and the amount in dispute are not explicitly detailed in the provided text, but it concerns a challenge to the ITAT's decision.

What did the High Court hold?

The High Court of Kerala, while admitting the appeal, did not provide a decision on the merits of the case in the given excerpt. The judgment indicates that the appeal was admitted for hearing, implying that the court found substantial questions of law to be considered. The specific findings of the ITAT, the reasoning behind them, and the ratio decidendi are not detailed in this portion of the judgment. Therefore, the operative directions or the final outcome of the appeal on the merits are not ascertainable from the provided text. The court has not expressly left any issue undecided, but rather has admitted the appeal for further adjudication.

What were the issues?

1. Whether the Tribunal was correct in holding that the assessee was entitled to claim deduction under Section 80-IB of the Income Tax Act, 1961, for the assessment year 2009-10, despite the amendment brought about by the Finance Act, 2001, which restricted the applicability of the deduction to industrial undertakings engaged in the manufacture or production of articles or things, and not to those engaged in the business of trading or providing services? Assessee's Contention: The assessee likely argued that its business activities qualified for the deduction under Section 80-IB, possibly contending that it was engaged in manufacturing or production, or that the amendment did not apply to its specific case. (Specific arguments not detailed in the provided text). Revenue's Contention: The Revenue contended that the assessee was not eligible for the deduction under Section 80-IB for AY 2009-10 because the business of the assessee was not one of manufacturing or production of articles or things, but rather trading or providing services, and that the amendment by the Finance Act, 2001, had restricted the benefit accordingly. (Specific authorities or precedents not detailed in the provided text).

Which sections of the Income-tax Act were involved?

Section 80-IB

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 3RD DAY OF MARCH 2014/12TH PHALGUNA, 1935 ----------------------- AGAINST THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN ITA 138/COCH/2012 DATED 16-11-2012 - ASST. YEAR 2009-10 ---------------------- APPELLANT/RESPONDENT/RESPONDENT/REVENUE : ------------------------------------------------------------------------------- THE COMMISSIONER OF INCOME TAX-II, COCHIN.

BY ADVS.SRI. P.K.R. MENON, SR.COUNSEL, GOI (TAXES) SRI.JOSE JOSEPH, SC, INCOME TAX RESPONDENT/APPELLANT/APPELLANT/ASSESSEE : ----------------------------------------------------------------------------- M/S. E.K.K.& CO., MUNICIPAL BUILDING, PERUMBAVOOR - 683 542. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 03-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

Appendix — schedule of exhibits
APPENDIX PETITIONERS' ANNEXURES : ANNEXURE A : COPY OF THE ASSESSMENT ORDER U/S. 143(3) OF THE IT AC

The order continues below.

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