THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. LAKSHADWEEP DEVELOPMENT CORPORATION LTD

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ITA/190/2019HC KeralaKLHC01027137201904 March 2024Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH5 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the substantial questions of law raised in these appeals are indeed covered in favour of the assessee and against the Revenue by the judgment of the same Court dated 14.09.2021 in ITA Nos. 5 and 7 of 2018. Consequently, the substantial questions of law are answered in favour of the assessee and against the Revenue. The appeals filed by the Revenue are dismissed. The operative direction is the dismissal of the appeals, granting relief to the assessee.

What were the facts?

These are two Income Tax Appeals (ITAs) filed by the Principal Commissioner of Income Tax, Kochi-1, against the Lakshadweep Development Corporation Ltd. The appeals challenge orders dated 03.10.2018 passed by the Income Tax Appellate Tribunal (ITAT), Kochi Bench, in ITA Nos. 311 and 312 of 2018. The appeals were admitted on 04.03.2024. The core issue pertains to the tax treatment of certain income for the assessee, Lakshadweep Development Corporation Ltd.

What were the issues?

1. Whether the substantial questions of law raised in these appeals are covered in favour of the assessee and against the Revenue by this Court's judgment dated 14.09.2021 in ITA Nos. 5 and 7 of 2018? Assessee's Contention: The assessee argues that the issue involved in these appeals is identical to the one decided in ITA Nos. 5 and 7 of 2018, which was decided in their favour by the High Court. Therefore, these appeals should also be decided in their favour. Revenue's Contention: The revenue agrees that the issue is covered by the aforementioned judgment. They do not present any separate arguments against this position.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 ITA NO. 190 OF 2019 AGAINST THE ORDER DATED 03.10.2018 IN ITA NO.311 OF 2018 OF AGRL.I.T.ADDITIONAL BENCH,ERNAKULAM APPELLANT/RESPONDENT: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI - 1, KOCHI, 1ST FLOOR, CENTRAL REVENUE BUILDING, I. S. PRESS ROAD, KOCHI - 682018. BY ADVS.SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT: LAKSHADWEEP DEVELOPMENT CORPORATION LTD 27/1038 B, PANAMPILLY NAGAR, ERNAKULAM, KOCHI - 682036 BY ADV SRI.MANU.S, DSG, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2024, ALONG WITH ITA.244/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA Nos.190 & 244 of 2019 -:2:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 ITA NO. 244 OF 2019 AGAINST THE ORDER DATED 03.10.2018 IN ITA NO.312 OF 2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/RESPONDENT: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI - 1, KOCHI, 1ST FLOOR, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI -682 018. BY ADVS.SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT: LAKSHADWEEP DEVELOPMENT CORPORATION LTD 27/1038, PANAMPILLY NAGAR, KOCHI - 682 036. BY ADVS.SRI. MANU S. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2024, ALONG WITH ITA.190/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA Nos.190 & 244 of 2019 -:3:- J U D G M E N T Dr. A.K.Jayasankaran Nambiar, J.

It is agreed by both sides that issue involved in these Income Tax Appeals is covered in favour of the assessee and against the Revenue by the judgment dated 14.9.2021 by this Court in ITA Nos. 5 and 7 of 2018. Accordingly, the substantial questions of law raised in these appeals are answered in favour of the assessee and against the Revenue and the appeals filed by the Revenue are dismissed. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE sd/- DR. KAUSER EDAPPAGATH JUDGE kp

ITA Nos.190 & 244 of 2019 -:4:- APPENDIX OF ITA 244/2019 PETITIONER ANNEXURES ANNEXURE A COPY OF THE ASSESSMENT ORDER U/S. 143(3) DATED 20/12/2016 FOR A.Y.2014-15. ANNEXURE B COPY OF THE CIT(A)'S ORDER IN ITA NO.323/E/CIT(A)-1/16-17DATED 06/04/2018. ANNEXURE C COPY OF THE APPELLATE ORDER OF THE ITAT COCHIN BENCH IN ITA NO.311 & 312/COCH/2018 DATED 03/10/2018 FOR A.YRS.2013-14 AND 2014-15. ANNEXURE D COPY OF MEMORANDUM OF ASSOCIATION OF THE ASSESSEE COMPANY.

ITA Nos.190 & 244 of 2019 -:5:- APPENDIX OF ITA 190/2019 PETITIONER ANNEXURES ANNEXURE A COPY OF THE ASSESSMENT ORDER U/S.143(3) DATED 23.02.2016 FOR A.Y. 2013-14 ANNEXURE B COPY OF THE CIT(A)'S ORDER IN ITA NO. 140/EKM/CIT(A)-I/

2015-16

DATED 06.04.2018 ANNEXURE C COPY OF THE APPELLATE ORDER OF THE ITAT COCHIN BENCH IN ITA NO.311 AND 312/COCH/2018 DATED 03.10.2018 FOR A.Y. 2013-14 AND 2014-15 ANNEXURE D COPY OF MEMORANDUM OF RELEVANT PORTION OF ASSOCIATION OF THE ASSESSEE COMPANY.

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