M/s Vodafone Essar South Ltd vs Deputy Commissioner of Income Tax

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. 291 OF 2013 AGAINST THE ORDER IN ITA 31/2010 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX-1 COCHIN. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) JOSE JOSEPH, SC, FOR INCOME TAX CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT RESPONDENT/S: M/S.APPOLLO TYRES LTD 6TH FLOOR, CHERUPUZHPAM BUILDINGS, SHANMUGHAM ROAD, COCHIN-31. BY SR.ADV.JOSEPH MARKOS 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.291/2013 -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.31/Coch/2010 dated 29.05.2013. The appeal deals with the Assessment Year 2006-07. 3. The value in the appeal is less than the limit prescribed by CBDT Circular. The Supreme Court in the judgment reported in S.C.Naregal v Commissioner of Income Tax1 has considered the effect of CBDT Circular and dismissed the 1 (2019) 418 455 (SC)

I.T.A. No.291/2013 -3- appeal coming within the purport of CBDT Circular. 4. The valuation of the subject appeal since is less than the limit stipulated by CBDT Circular, the judgment of Apex Court in S.C.Naregal (supra) is applicable to the appeal.

Referring to the Supreme Court judgment and the latest circular, we are of the view that the appeal is not maintainable, hence is dismissed. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE jjj

I.T.A. No.291/2013 -4- APPENDIX OF ITA 291/2013 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 31/COCH/2010

M/s Vodafone Essar South Ltd vs. Deputy Commissioner of Income Tax