COMMISSIONER OF INCOME TAX,TRIVANDRUM vs. M/S.POYILAKADA TRUST,KOLLAM.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU

& THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930

I.T.A.No. 41 of 2008

--------------------------------- ORDER DATED 14.3.2003 IN ITA.295/COCH/1999 OF THE INCOME TAX

APPELLATE.TRIBUNAL, COCHIN BENCH

.................... APPELLANT/APPELLANT:- ------------------------------------- COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY CENTRAL GOVERNMENT STANDING COUNSEL FOR INCOME TAX SRI.GEORGE K. GEORGE RESPONDENT/RESPONDENT: ------------------------------------------- M/S POYILAKADA TRUST, PARAMESWARA NAGAR, KOLLAM.

THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

H.L.DATTU, C.J. & A.K.BASHEER, J. -------------------------------------------

I.T.A.No.41 of 2008 ------------------------------------------ Dated, this the 29th day of July, 2008 JUDGMENT H.L.Dattu, C.J. The Revenue is before us in this appeal, being aggrieved by the orders passed by the Income Tax Appellate Tribunal, Cochin Bench, in I.T.A.No.295 of 1999, for the assessment year 1996-97. The order passed by the Tribunal is dated 14th March, 2003. 2. The Tribunal while deciding the issues raised by the Revenue before it, had answered those issues following the dicta laid down by the jurisdictional High Court. 3. For the first time, nearly after five years, the matter is coming up for admission before us. This was only because of the non- payment of the court fee by the Revenue. If for any reason, the appeal had come before us immediately after it was filed before this Court, our answer would have been to accept the reasoning of the Tribunal for the reason that the Tribunal had merely followed the dicta laid down by this Court. 4. Now it is brought to our notice by the learned counsel appearing for the Department that the view expressed by this Court is not sustained by the apex Court in the decision rendered in the case of

I.T.A.No.41 of 2008 2 IPCA Laboratory Ltd. v. Deputy Commissioner of Income Tax [(2004) 266 ITR 521]. In our opinion, if for any reason the Department is of the opinion that the reasoning and conclusion reached by the Tribunal is contrary to the law laid down by the apex Court in the case of IPCA Laboratory's case, the Revenue has to make an appropriate application before the Tribunal, either for review or rectification of its order. 5. In that view of the matter, we decline to entertain this appeal. Accordingly, the appeal is disposed of. However, we grant liberty to the Revenue to make an appropriate application/review petition before the Tribunal for appropriate orders. Ordered accordingly.

(H.L.DATTU) CHIEF JUSTICE

(A.K.BASHEER) JUDGE vns