COMMISSIONER OF INCOME TAX,TRICHUR vs. M/S.LINK HIRE PURCHASE & LEASING CO.P.LT

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ITA/92/2007HC KeralaKLHC01025086200721 February 2011Bench: HONOURABLE MR.JUSTICE K.SURENDRA MOHAN,HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR4 pages
AI SummaryRemanded

What did the High Court hold?

The High Court held that the issue raised in the present appeal is covered by its previous judgment in CIT v. Kerala State Financial Enterprises Ltd. (220 CTR 286). Consequently, the High Court allowed the appeal, thereby reversing the order of the Income Tax Appellate Tribunal and the order of the first appellate authority. The matter was remanded to the Assessing Officer for revision of the assessment. The Assessing Officer is directed to provide an opportunity to the assessee to be heard before revising the assessment. The specific findings of the Tribunal or the first appellate authority that were reversed are not detailed. No issue was expressly left undecided.

What were the facts?

The Commissioner of Income Tax, Trichur (Revenue) filed an appeal before the High Court of Kerala against an order passed by the Income Tax Appellate Tribunal, Cochin Bench. The appeal challenges the decision of the Tribunal in ITA No. 06/Coch/2006, dated July 11, 2006. The assessee is M/s. Link Hire Purchase & Leasing Co. Pvt. Ltd. The specific assessment year(s) and the amount in dispute are not explicitly stated in the provided text. The procedural history involves an order from the Assessing Officer, an appeal to the first appellate authority, and then an appeal to the Income Tax Appellate Tribunal, the order of which is now under challenge before the High Court.

What were the issues?

1. Whether the High Court should follow its own previous judgment in CIT v. Kerala State Financial Enterprises Ltd. (220 CTR 286) to decide the present appeal. Assessee's contentions: Not recorded in the judgment. Revenue's contentions: Not recorded in the judgment, other than impliedly challenging the Tribunal's order by filing the appeal. The Revenue relies on the judgment of this Court reported in CIT v. Kerala State Financial Enterprises Ltd. (220 CTR 286) as being covered by it.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 ITA.No. 92 of 2007() ------------------------------ (AGAINST THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN INT.T.A.NO.06/COCH/2006 DTD.11/07/2006) ...... APPELLANT/APPELLANT: --------------------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADV. SRI.GEORGE K. GEORGE, SC, IT RESPONDENT(S): RESPONDENT: ------------------------------------------------- M/S.LINK HIRE PURCHASE & LEASING CO, P.LTD, KUNNAMKULAM, TRICHUR DISTRICT.

THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss

C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ I.T.A. NO: 92 OF 2007 ----------------------------------------------------------- Dated this the 21st February, 2011. JUDGMENT Ramachandran Nair, J.

The issue raised is covered by judgment of this Court reported in CIT v. Kerala State Financial Enterprises Ltd. (220 CTR 286). Following the said judgment we allow the appeal by reversing the order of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer to revise the assessment in accordance with the judgment after giving an opportunity to the assessee also.

C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj

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