THE COMMISSIONER INCOME TAX, TVM. vs. M/S. OLAM EXPORTS (INDIA) PVT.LTD. KOLLM

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ITA/974/2009HC KeralaKLHC01025735200903 August 2017Bench: HONOURABLE MR.JUSTICE ANTONY DOMINIC4 pages
AI SummaryAllowed

What did the High Court hold?

The High Court held that the issue raised in the appeal had already been decided by this court in the case of Commissioner of Income Tax v. Rajmohan Cashews (P) Ltd., reported in 184 ITR 472 (Ker). In that case, the issue was answered against the Revenue. Furthermore, the Supreme Court had dismissed the Revenue's Special Leave Petition (SLP(C) No. 1959/95) against the judgment of this court. Therefore, the present issue was considered covered against the appellant (Revenue). The question of law was answered against the Revenue and in favour of the assessee, and the appeal was disposed of accordingly. No specific amount in dispute was mentioned.

What were the facts?

The appeal is filed by the Revenue against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, for the assessment year 2002-2003. The core issue revolves around whether the assessee, M/s. Olam Exports (India) Pvt. Ltd., is eligible for the benefit of Section 80-IB of the Income Tax Act, 1961, concerning processing activities undertaken in factories belonging to other entities. The Assessing Officer passed an order under Section 143(3) on March 28, 2005, followed by an order from the Commissioner of Income Tax (Appeals) on March 30, 2006. The ITAT's order, dated August 16, 2007, is the subject of this appeal.

What were the issues?

1. Whether, on the facts and circumstances of the case, the assessee is entitled to the benefit of Section 80-IB of the Income Tax Act, 1961, with reference to the processing done by the assessee company in the factories of other persons. Assessee's Contention: The judgment does not record any specific contentions made by the assessee. Revenue's Contention: The Revenue's contention is implicit in the filing of the appeal, challenging the assessee's eligibility for the Section 80-IB benefit on the grounds of processing done in third-party factories. The Revenue relies on the fact that this court had previously considered a similar issue.

Which sections of the Income-tax Act were involved?

Section 80-IB

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MRS. JUSTICE SHIRCY V. THURSDAY, THE 3RD DAY OF AUGUST 2017/12TH SRAVANA, 1939 ITA.No. 974 of 2009 --------------------- AGAINST THE ORDER IN ITA 402/2006 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 16-08-2007 APPELLANT/APPELLANT: -------------------- THE COMMISSIONER OF INCOME-TAX TRIVANDRUM.

BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENTS: ------------ M/S. OLAM EXPORTS (INDIA) PVT. LTD., KOLLAM.

R,R BY ADV. SRI.SAJI VARGHESE THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA.No. 974 of 2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: TRUE COPY OF THE ORDER UNDER SECTION 143 (3) OF THE ASSESSING OFFICER DATED 28.3.2005. ANNEXURE B: TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 30.3.2006. ANNEXURE C: TRUE COPY OF THE ORDER OF THE APPELLATE TRIBUNAL DATED 16.8.2007. // TRUE COPY // P.A. TO JUDGE

ANTONY DOMINIC & SHIRCY.V, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I.T.A.No.974 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2017 JUDGMENT Antony Dominic, J. 1. aThis appeal is filed by the Revenue impugning the order passed by the Income Tax Appellate Tribunal, Cochin Bench in I.T.A.No.402/06 concerning the assessment year 2002-2003 and the question of law raised for the consideration of this court is whether on the facts and circumstances of the case the assessee is entitled to the benefit of Section 80-IB with reference to the processing done by the assessee company in the factories of other persons. 2. A reading of the order passed by the Tribunal show that this very issue was considered by this court in the case of Commissioner of Income Tax v. Rajmohan Cashews (P) Ltd. 184 ITR 472 (Ker) and was answered against the Revenue. It is also seen that against the judgment of this court, the Revenue had filed SLP(C)No.1959/95 and that the Apex Court by its order dated

I.T.A. No.974 of 2009 : 2 : 13.1.95 dismissed the S.L.P. Therefore, the issue is thus covered against the appellant.

In such circumstances, answering the question of law against the Revenue and in favour of the assessee, this appeal is disposed of. sd/- ANTONY DOMINIC JUDGE sd/- SHIRCY.V

JUDGE jes

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