THE COMMISSIONER OF INCOME TAX-1, COCHIN vs. M/S.APOLLO TYRES LTD

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 ITA NO. 297 OF 2013 AGAINST THE ORDER IN ITA 74/2010 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX-1, COCHIN BY ADV SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.CHRISTOPHER ABRAHAM RESPONDENT/S: M/S.APOLLO TYRES LTD 6TH FLOOR, CHERUPUZHPAM BUILDING, SHANMUGHAM ROAD, KOCHI - 682 031. BY ADVS. SRI.V.ABRAHAM MARKOS SRI.ABRAHAM JOSEPH MARKOS SRI.ABRAHAM VARGHESE THARAKAN SRI.BINU MATHEW SRI.JOSEPH MARKOSE SR. SRI.TOM THOMAS KAKKUZHIYIL THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

I.T.A. No.297/2013 -2- J U D G M E N T S.V.Bhatti, J. Heard learned Standing Counsel Mr. Christopher Abraham and learned Senior Counsel Mr. Joseph Markos for parties. 2. The Commissioner of Income Tax/Revenue is the appellant. M/s.Apollo Tyres Ltd., Kochi/Assessee is the respondent. The subject appeal is at the instance of Revenue from the order of Income Tax Appellate Tribunal (for short ‘the Tribunal'), Cochin Bench in ITA No.74/Coch/2010 dated 29.05.2013. The appeal deals with the Assessment Year 2006-07. The following substantial questions of law are reframed for consideration in this appeal: “1. Whether, on the facts and in the circumstances of the case the Tribunal is right in law and fact in holding that DG Power Generation Unit constituted an "undertaking" under Sec. 80 IA of the Income tax Act? 2. Whether DG Power Generation unit is entitled to the benefit of Sec. 80 1A of the Income tax Act?

I.T.A. No.297/2013 -3- 3. The questions raised in this appeal are similar to the questions raised by the Revenue in ITA No. 69/2011 and ITA No.70/2011 for the Assessment Year 2002-03. On 27.02.2019 the appeals filed by the Revenue were dismissed. Our attention has been drawn to the reasoning and conclusion recorded by this Court on similar questions framed in ITA Nos.69 and 70 of 2011. By following the reasoning and conclusion recorded in ITA Nos.69 and 70/2011, the substantial questions of law raised are answered in favour of the assessee and against the Revenue. The appeal is dismissed. No order as to costs. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE jjj

I.T.A. No.297/2013 -4- APPENDIX OF ITA 297/2013 PETITIONER ANNEXURE ANNEXURE A COPY OF ASSESSMENT ORDER U/S. 143 (3) DATED 19.12.2008 FOR THE ASST. YEAR 2006-2007. ANNEXURE B COPY OF THE ORDER DATED 30.11.2009 OF THE COMMISSIONER OF INCOME TAX (APPEALS-11), COCHIN. ANNEXURE C COPY OF THE ORDER DATED 29.5.2013 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH ITA NO. 74/COCH/2010.