THE ASST.COMMISSIONER OF INCOME TAX vs. M/S.SWAPNA TRUST, KOCHI

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ITR/8/2008HC KeralaKLHC01027090200819 September 2016Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the issue raised for consideration in this reference stands concluded against the Revenue. This conclusion is based on the decision of the same High Court in the case of Traco Cable Co. Ltd. v. Commissioner of Income Tax [166 (1987) ITR 278 (Ker.)]. The reference is answered in accordance with this precedent. The operative direction is to answer the reference accordingly, implying the Revenue's appeal or contention is not upheld. No specific issue was left undecided.

What were the facts?

This is an Income Tax Reference (ITR) filed by the Assistant Commissioner of Income Tax, Circle-2, Division-II, Ernakulam (the Revenue) against an order of the Income Tax Appellate Tribunal, Cochin Bench, Cochin. The respondent is M/s. Swapna Trust. The reference pertains to an appeal bearing ITA No. 487/1992. The specific assessment year(s) and the amount in dispute are not explicitly stated in the provided judgment. The procedural history leading to this reference is not detailed, other than it arises from an order of the Tribunal.

What were the issues?

1. Whether the issue raised for consideration stands concluded against the Revenue. (Question of law) The Revenue's contention, as implied by the filing of this reference, is that the Tribunal's order was erroneous. However, the judgment does not record specific arguments made by the Revenue. The Assessee (M/s. Swapna Trust) is not represented by counsel, and no arguments are recorded on their behalf. The Court notes that the issue stands concluded against the Revenue as per a prior decision of the High Court.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 19382016 ITR.No. 8 of 2008 ---------------------- AGAINST THE ORDER/JUDGMENT IN ITA 487/1992 of INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH, COCHIN APPLICANT: ------------- THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2, DIVISION-II, ERNAKULAM.

BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX SR. COUNSEL SRI. P.K.R. MENON RESPONDENT: -------------- M/S.SWAPNA TRUST, KOCHI.

THIS INCOME TAX REFERENCE HAVING BEEN FINALLY HEARD ON 19- 09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN & ANU SIVARAMAN, JJ. ------------------------------------------------------------ I.T.R. No. 8 of 2008 ------------------------------------------------------------- Dated this the 19th day of September, 2016 JUDGMENT Thottathil B. Radhakrishnan

, J. Heard the learned Senior Counsel for the Department. Perused the records. The issue raised for consideration stands concluded against the Revenue as per the decision of this Court in Traco Cable Co. Ltd. v. Commissioner of Income Tax [166 (1987) ITR 278 (Ker.)]. This is so recorded and this reference is answered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/-

ANU SIVARAMAN JUDGE ks True copy P.S. (Hr.Gr.)To Judge

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