THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. JOY ALUKKAS (INDIA) PVT. LTD.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943 ITA NO. 24 OF 2018 AGAINST THE ORDER IN ITA 92/2016 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI-1, KOCHI, INCOME TAX OFFICES, CENTRAL REVENUE BUILDING, I.S PRESS ROAD,KOCHI 682 018. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX, SRI NAVNEETH N NATH RESPONDENT/S: 1 M/S. JOY ALUKKAS (INDIA) PVT. LTD. MARINE DRIVE, P.O SHANMUGHAM ROAD,ERNAKULAM 682 031. 2 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. SUO MOTU IMPLEADED AS ADDITIONAL R2 VIDE ORDER DATED 20.06.2018 BY ADVS.SRI.V.ABRAHAM MARKOS, SRI.P.G.CHANDAPILLAI ABRAHAM, SRI.ISAAC THOMAS, SRI.JOSEPH MARKOSE SR. SMT.RACHEL ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA No.24/2018 -2- J U D G M E N T S.V.Bhatti, J. Heard Advocates Mr Navneeth N Nath holding for Mr Jose Joseph and Senior Counsel Mr. Joseph Markos for parties. 2. The Principal Commissioner of Income Tax, Kochi- 1/Revenue is the appellant. M/s.Joy Alukkas (India) Pvt. Ltd, Kochi/Assessee is the respondent. The appeal is filed being aggrieved by the order of the Income Tax Appellate Tribunal (ITAT) in ITA No.92/Coch/2016 dated 26.09.2017. The subject matter of the appeal relates to the issues decided between the parties for the returns filed for the Assessment Year 2011-12. 3. Adv Navneeth N Nath, holding for Standing Counsel Mr Jose Joseph, and Senior Advocate Mr Joseph Markos state that the questions of law raised in the appeal are considered by

ITA No.24/2018 -3- this Court in assessee's own case for the Assesment Year 2007- 08, and answered in favour of the assessee and against the Revenue. The said judgment is reported in Joy Alukkas India Pvt. Ltd v. The Assistant Commissioner of Income Tax1. 4. Having regard to the view already taken by this Court on the substantial questions being considered in the appeal on hand, the questions are answered in favour of the assessee and against the Revenue. Hence, the appeal fails. Income Tax Appeal is dismissed. Sd/- S.V.BHATTI JUDGE Sd/- VIJU ABRAHAM JUDGE jjj 1 (2016) 282 CTR (Ker.) 551

ITA No.24/2018 -4- APPENDIX OF ITA 24/2018 PETITIONER ANNEXURE ANNEXURE A COPY OF THE ORDER U/S. 92CA (3) DATED 30.1.2015 PASSED BY THE TPO ANNEXURE B COPY OF ASSESSMENT ORDER U/S 143 (3) R.W.S. 144 C (1) OF THE ACT ANNEXURE C COPY OF THE DRP-3, BANGALORE'S ORDER DATED 18.12.2015 ANNEXURE D CERTIFIED PLUS COPY OF THE APPELLATE ORDER OF THE ITAT COCHIN BENCH IN ITA NO.92/COCH/2016 DATED 26.09.2017 FOR AY 2011-12