THE COMMISSIONER OF INCOME TAX, COCHIN vs. HARRISONS MALAYALAM FINANCIAL SERVICES L
What did the High Court hold?
The High Court held that the question raised in these appeals for the assessment years 1995-96 to 1997-98 had already been answered in favour of the assessee in the assessee's own case by a previous judgment of the Court dated 03.08.2012 in ITA No.96/2000. Consequently, the sole question arising in these appeals was answered in favour of the assessee and against the Revenue. The appeals were therefore rejected. The Court did not decide any specific issue on merits, but rather disposed of the appeals based on the prior binding precedent. No costs were awarded.
What were the facts?
These three Income Tax Appeals (ITAs) were filed by the Revenue, the Commissioner of Income Tax, Cochin, against the assessee, Harrisons Malayalam Financial Services Ltd. The appeals challenge orders passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, for assessment years 1995-96 to 1997-98. The specific orders under challenge are ITA No. 1204/COCH/2004 dated 28-11-2005, ITA No. 485/COCH/2004 dated 27-06-2005, and ITA No. 486/COCH/2004 dated 27-06-2005. The appeals were heard together by the High Court of Kerala.
What were the issues?
1. Whether the High Court of Kerala should decide the issues raised in these appeals, given that the same questions for the same assessee and assessment years have already been decided in the assessee's favour by a previous judgment of this Court dated 03.08.2012 in ITA No.96/2000 [Commissioner of Income Tax v. M/s.Harrisons Malayalam Financial Services Ltd.]. Assessee's Contention: The assessee would argue that the present appeals are rendered infructuous and should be decided in line with the previous judgment of the High Court in their own case. They would rely on the principle of precedent and judicial discipline. Revenue's Contention: The judgment does not record any specific arguments made by the Revenue on the merits of the issues. However, by filing the appeals, the Revenue would have implicitly sought to agitate the grounds raised in their appeals, presumably disagreeing with the ITAT's findings.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940 ITA.No. 891 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 1204/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 28-11-2005 APPELLANT/S:/APPELLANT/REVENUE: THE COMMISSIONER OF INCOME TAX, COCHIN BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH SC FOR INCOME TAX RESPONDENT/S:/RESPONDENT/ASSESSEE: HARRISONS MALAYALAM FINANCIAL SERVICES LTD., WILLINGDON ISLAND, COCHIN. BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.RAJA KANNAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06.12.2018, ALONG WITH ITA.896/2009 AND ITA.917/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITAs 891, 896 & 917/09 -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940 ITA.No. 896 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 485/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 27-06-2005 APPELLANT/S:/APPELLANT/REVENUE: THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH SC FOR INCOME TAX RESPONDENT/S:/RESPONDENT/ASSESSEE: HARRISONS MALAYALAM FINANCIAL SERVICES LTD., WILLINGDON ISLAND, COCHIN. BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.RAJA KANNAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06.12.2018, ALONG WITH ITA.891/2009 AND ITA.917/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITAs 891, 896 & 917/09 -3- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940 ITA.No. 917 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 486/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 27-06-2005 APPELLANT/S:/APPELLANT/REVENUE: THE COMMISSIONER OF INCOME TAX, COCHIN BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH SC FOR INCOME TAX RESPONDENT/S:/RESPONDENT/ASSESSEE: HARRISONS MALAYALAM FINANCIAL SERVICES LTD., WILLINGDON ISLAND, COCHIN. BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI RAJA KANNAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06.12.2018, ALONG WITH ITA.896/2009 AND ITA.891/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITAs 891, 896 & 917/09 -4- K.VINOD CHANDRAN & ASHOK MENON, JJ. ------------------------------------------- ITA Nos. 891, 896 and 917 of 2009 ------------------------------------------- Dated this the 6th day of December, 2018 J U D G M E N T K.Vinod Chandran, J. The question raised in these Income Tax Appeals for the assessment years 1995-96 to 1997-98 has already been answered in favour of the assessee in the assessee's own case by judgment dated 03.08.2012 in ITA No.96/2000 [Commissioner of Income Tax v. M/s.Harrisons Malayalam Financial Services Ltd.]. In such circumstances, the sole question arising in these appeals is answered in favour of the assessee and against the Revenue. The appeals would stand rejected. No costs. Sd/- K.VINOD CHANDRAN JUDGE Sd/- ASHOK MENON JUDGE
ITAs 891, 896 & 917/09 -5- APPENDIX OF ITA 891/2009 APPELLANT'S EXHIBITS: ANNEXURE A COPY OF ASSESSMENT ORDER DATED 29.9.1998 U/S 143(3) OF THE INCOME TAX ACT FOR THE ASST.YEAR 1996-97 ANNEXURE B COPY OF THE ORDER DATED 16.8.2004 OF THE COMMISSIONER OF INCOME TAX (APPEALS). ANNEXURE C COPY OF THE ORDER DATED 28.11.2005 OF THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH,COCHIN IN ITA NO 1204/COCH/2004 FOR THE ASST.YEAR 1996-97. ANNEXURE D COPY OF SCHEDULE 4 ATTACHED TO THE BALANCE SHEET FILED ALONG WITH THE RETURN OF INCOME. ANNEXURE E COPY OF SCHEDULE 6 ATTACHED TO THE BALANCE SHEET STATING SIGNIFICATION ACCOUNTING POLICY OF THE COMPANY. [True Copy] jg
ITAs 891, 896 & 917/09 -6- APPENDIX OF ITA 896/2009 APPELLANT'S/S EXHIBITS: ANNEXURE A COPY OF ORDER U/S 143(3) R.W.S.147 OF THE INCOME TAX ACT DATED 30.8.2000 FOR THE ASST. YEAR 1995-96 ANNEXURE B COPY OF THE ORDER DATED 12.3.2004 OF THE COMMISSIONER OF INCOME TAX (APPEALS) ANNEXURE C COPY OF THE ORDER DATED 27.6.2005 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN ITA.485/COCH/2004 ANNEXURE D SCHEDULE 4 ATTACHED TO THE BALANCE SHEET FILED ALONGWITH THE RETURN OF INCOME ANNEXURE E SCHEDULE 6 ATTACHED TO THE BALANCE SHEET STATING SIGNIFICANT ACCOUNTING POLICY OF THE COMPANY [True Copy] jg
ITAs 891, 896 & 917/09 -7- APPENDIX OF ITA 917/2009 APPELLANT'S/S EXHIBITS: ANNEXURE A COPY OF ORDER U/S. 143 (3) OF THE INCOME TAX ACT DTD, 29.2.2002 FOR THE ASST. YEAR 1997- 98 ANNEXURE B COPY OF THE ORDER DATED 12.3.2004 OF THE COMMISSIONER OF INCOME TAX (APPEALS) ANNEXURE C COPY OF THE ORDER DATED 27.6.2005 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN ITA NO. 486/COCH/2004. [True Copy] jg
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