THE COMMR. OF GIFT TAX, TVM. vs. G.GEORGE VARGHESE,KOLLAM

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ITR/15/1998HC KeralaKLHC01014686199811 February 2008Author: HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR,HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR2 pages
AI SummaryPartly Allowed

What did the High Court hold?

The High Court held that the Division Bench judgment of the High Court in COMMISSIONER OF GIFT-TAX V. M.C.GEORGE (2002) 253 ITR 363 is no longer good law. This is due to a subsequent Full Bench judgment of the same High Court in MATHEW VARGHESE V. ROSAMMA VARGHESE (2004) 186 ITR (Ker) 172. Consequently, the High Court followed the Full Bench judgment, answering the question against the Revenue and in favour of the assessee. The Tribunal was directed to issue consequential orders. No issues were expressly left undecided.

What were the facts?

This case involves a Tax Reference (ITR No. 15 of 1998) before the High Court of Kerala at Ernakulam. The applicant is the Commissioner of Gift Tax, Trivandrum, and the respondent is G. George Varghese. The reference arises from an order dated [date not specified] in GTA 57/COCH/91, which was an appeal before the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in RA.53/1997. The procedural history leading to this reference is not detailed in the provided text, beyond the fact that the ITAT passed an order that is now under challenge.

What were the issues?

The High Court had to decide the question of law presented in the Tax Reference. The Revenue (Commissioner of Gift Tax) relied on a Division Bench judgment of the High Court in COMMISSIONER OF GIFT-TAX V. M.C.GEORGE (2002) 253 ITR 363. The assessee's contentions are not explicitly recorded, but the outcome indicates they were in opposition to the Revenue's position. The core of the dispute, though not explicitly framed as a question, revolves around the applicability of the precedent cited by the Revenue in light of subsequent judicial pronouncements.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 ITR.No. 15 of 1998() -------------------- AGAINST THE ORDER DATED / / IN GTA 57/COCH/91 IN RA.53/1997 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT: ----------- THE COMMISSIONER OF GIFT TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON(SR.),SC FOR IT RESPONDENTS: ------------- G.GEORGE VARGHESE, VADAKKEPARAMBIL, THILLERY, MUNDAKKAL, QUILON. BY ADV. SRI.K.SUBASH CHANDRA BOSE THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... I.T.R. No.15 of 1998 .................................................................... Dated this the 11th day of February, 2008.

JUDGMENT C.N.Ramachandran Nair, J.

Even though counsel for the Revenue relied on Division Bench judgment of this court in COMMISSIONER OF GIFT-TAX V. M.C.GEORGE (2002) 253 ITR 363, the same is no longer good law by virtue of Full Bench judgment of this court in MATHEW VARGHESE V. ROSAMMA VARGHESE (2004) 186 ITR (Ker) 172. We, therefore, follow the Full Bench judgment and answer the question against the Revenue and in favour of the assessee. The Tribunal will issue consequential orders. A copy of this judgment under the seal of the High Court and signature of the Registrar shall be forwarded to the Income Tax Appellate Tribunal, Cochin Bench, Cochin. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms

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