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548 orders · Page 4 of 11
The High Court did not decide the merits of the case. Instead, it disposed of the writ petition by directing the Appellate Authority (2nd respondent) to consider the appeal filed by the petitioner (Ext.P2) expeditiously, within a period of six months from the date of receipt of a copy of the judgment. The Court clarified that the Appellate Authority should not insist on the deposit of 20% of the amount in dispute, considering the nature of the petitioner's plea. Furthermore, no coercive steps were to be initiated against the petitioner pursuant to the assessment order (Ext.P1) until the appeal was decided. The core principle here is procedural fairness and ensuring timely adjudication of appeals, especially when a significant Supreme Court judgment is claimed to have been overlooked.
The High Court of Kerala directed the Appellate Authority (the first respondent) to consider and dispose of the petitioner's appeal (Ext.P2) within six months from the date of receiving a copy of the judgment. The Court clarified that the appeal should be disposed of without insisting on the payment of 20% of the tax demanded. Furthermore, the Court ordered that all recovery proceedings pursuant to the assessment order shall be kept in abeyance until a decision is taken on the appeal. The Court's reasoning was based on the pendency of the appeal and the apprehension of coercive steps, aligning with previous directions issued in similar cases concerning Section 80P deductions. The ratio decidendi is that pending appeals should be disposed of expeditiously, and coercive recovery can be stayed pending such disposal, especially when a precedent for waiving deposit requirements exists.
The High Court held that the appeals were not maintainable as their value was less than the limit stipulated by the CBDT Circular. The court relied on a Supreme Court judgment in a similar case.
The High Court held that the appeals were not maintainable as their value was less than the limit stipulated by the CBDT Circular. The court relied on a Supreme Court judgment in a similar case.
The High Court addressed the issues by referring to established precedents. For the first two questions concerning bad debts under Section 36(1)(vii) and provision for bad debts under Section 36(1)(viia), the Court noted that the Supreme Court in Catholic Syrian Bank v. Commissioner of Income Tax has ruled in favour of the assessee, holding that the proviso to Section 36(1)(vii) does not come into play if the assessee does not fall under Section 36(1)(viia). Therefore, these questions were answered in favour of the assessee. Regarding the valuation of unquoted securities, the Court relied on its own judgments in Commissioner of Income Tax v. Nedungadi Bank Ltd. and Commissioner of Income Tax v. Lord Krishna Bank Ltd., which held that securities held by banks are stock-in-trade and notional loss on revaluation is allowable. The Court affirmed that the RBI guidelines provide a rational basis for valuation, and the Tribunal rightly upheld the assessee's claim. However, the Court later recalled its judgment and, considering a similar issue in another appeal, decided that the classification of 'rural branch' under Section 36(1)(viia) should be based on the revenue village as the unit, with a population not exceeding ten thousand, reversing the Tribunal's view that a ward of a local authority could be considered. Consequently, the appeal was remitted to the Assessing Officer for re-computation, with liberty to the assessee to raise objections based on the Supreme Court's judgment in Vijaya Bank v. Commissioner of Income Tax.
The High Court held that the appeals were not maintainable as their value was less than the limit stipulated by the CBDT Circular. The court relied on a Supreme Court judgment that dismissed appeals falling within the purview of such circulars.
The High Court held that the assessee, a company incorporated under the Companies Act, is entitled to the benefit of exemption under Section 10(26B) of the Income Tax Act, 1961. The Court reasoned that Section 10(26B) exempts income of any 'body, institution or association' wholly financed by the Government and formed for promoting the interests of Scheduled Castes, Scheduled Tribes, or backward classes. The Court clarified that the expression 'established' in the section pertains to corporations created by a Central, State, or Provincial Act, while for other bodies, the relevant expression is 'formed'. The incorporation of the assessee under the Companies Act grants it the status of a body corporate, and its objects are indisputably for promoting the interests of the Scheduled Tribes in Lakshadweep. The Court found that the Revenue's argument omitted the aspect that a corporation brought into existence under the Companies Act by the Government of India, if fulfilling the financing and purpose criteria, ought not to be denied the benefit. The Court agreed with the Tribunal's reasoning and conclusion. Substantial question no.1 was answered in favour of the assessee. Consequently, questions nos. 2 and 3 were also answered in favour of the assessee. The appeals were dismissed.
The High Court held that the assessee, despite being incorporated under the Companies Act, falls within the ambit of Section 10(26B) and is entitled to the exemption. The Court reasoned that Section 10(26B) exempts any 'body, institution or association' wholly financed by the Government and formed for promoting the interests of Scheduled Castes, Scheduled Tribes, or backward classes. The Court clarified that the expression 'established' in the section pertains to entities brought into existence by an Act of Parliament or Legislature, while for other bodies, the term 'formed' is used. The incorporation of the assessee under the Companies Act grants it the status of a body corporate, and its objects are indisputably for promoting the interests of the Scheduled Tribes. The Court found that the Revenue's argument omitted the alternative limb of Section 10(26B) which covers bodies wholly financed by the Government and formed for the specified purposes. Therefore, a Corporation brought into existence under the Companies Act by the Government of India, if fulfilling these criteria, ought not to be denied the benefit. The Court concluded that the assessee meets these parameters and answered substantial question no.1 in favour of the assessee. Consequently, questions nos. 2 and 3 were also answered in favour of the assessee. The appeals were dismissed.
The High Court modified the Tribunal's order to allow the petitioner to deposit 20% of the tax demand in four equal monthly installments. The first installment was due by December 23, 2021.
The High Court of Kerala, upon being informed by the appellant's counsel that instructions had been received to withdraw the appeal, granted the liberty to do so. Consequently, the appeal, ITA No. 67 of 2017, was dismissed as withdrawn. No findings were made on the merits of the case, and no reasoning was provided beyond the appellant's request. The operative direction was solely to dismiss the appeal as withdrawn. No issues were left undecided as the appeal was disposed of on a procedural ground.
The Tribunal confirmed the disallowance of deduction under Section 35(2AB) for the period prior to the effective date of approval and the stipulated agreement. The High Court agreed with the lower authorities, relying on a previous judgment in the assessee's own case.
The High Court did not decide the merits of the case. Instead, it directed the Appellate Authority (2nd respondent) to consider the appeal filed by the petitioner (Ext.P2) expeditiously, within a period of six months from the date of receipt of a copy of the judgment. The Court clarified that the Appellate Authority should not insist on the deposit of 20% of the amount in dispute, given the nature of the petitioner's plea. Furthermore, no coercive steps are to be initiated pursuant to the assessment order (Ext.P1) until the appeal is decided. The High Court's decision is procedural, aiming to expedite the appellate process and provide interim relief.
The High Court held that the circumstances for AY 2004-05 were substantially similar to AY 2005-06, where the Supreme Court had ruled in favor of the assessee. Therefore, the appeal was allowed.
The High Court of Kerala, while acknowledging the pendency of the appeal before the Commissioner of Income Tax (Appeals), directed the Appellate Authority to consider and pass appropriate orders on the petitioner's appeal within a period of six months from the date of receipt of a copy of the judgment. The Court clarified that the Appellate Authority should not insist on the deposit of 20% of the amount in dispute, considering the nature of the case pleaded by the petitioner. Furthermore, the Court ordered that no coercive steps shall be initiated pursuant to the assessment order until the appeal is decided. The issue of whether the deduction under Section 80P was rightly denied was not decided on merits by the High Court, as it was remanding the matter to the appellate authority.
The High Court of Kerala, while acknowledging that the petitioner had already preferred an appeal (Ext.P2) before the 2nd respondent Appellate Authority, deemed it appropriate to dispose of the writ petition by directing the Appellate Authority to consider the appeal in a time-bound manner. The Court directed the 2nd respondent to consider and pass appropriate orders on Ext.P2 expeditiously, at any rate, within six months from the date of receipt of a copy of the judgment. Crucially, the Court clarified that the Appellate Authority should not insist on the deposit of 20% of the amount in dispute, given the nature of the petitioner's plea. The Court also ordered that no coercive steps shall be initiated pursuant to Ext.P1 assessment order until the appeal is decided. The issue of whether the assessing officer erred in not considering the Supreme Court judgment was implicitly left for the Appellate Authority to decide.
The Tribunal confirmed the disallowance of deduction under Section 35(2AB) for the period prior to the effective date of approval and the stipulated agreement. The High Court agreed with the lower authorities, relying on a previous judgment in the assessee's own case.
The High Court noted that the petitioner had already preferred an appeal before the Commissioner of Income Tax (Appeals) and that the appeal was pending. Therefore, the Court deemed it fit to dispose of the writ petition by directing the Appellate Authority to consider the appeal in a time-bound manner. The Court directed the 2nd respondent (Commissioner of Income Tax (Appeals)) to consider and pass appropriate orders on the petitioner's appeal (Ext.P2) expeditiously, at any rate, within a period of six months from the date of receipt of a copy of the judgment. The Court clarified that the Appellate Authority shall not insist on the deposit of 20% of the amount in dispute, considering the nature of the plea raised by the petitioner. Furthermore, no coercive steps shall be initiated pursuant to the assessment order (Ext.P1) until the appeal is decided. The judgment did not decide the merits of the Section 80P claim or the applicability of the Supreme Court judgment.
The High Court of Kerala, while acknowledging the pending appeal before the 2nd respondent (Appellate Authority), directed the Appellate Authority to consider and pass appropriate orders on the petitioner's appeal expeditiously, within six months from the date of receiving a copy of the judgment. The Court clarified that the Appellate Authority should not insist on the deposit of 20% of the disputed amount, considering the nature of the petitioner's plea. Furthermore, the Court ordered that no coercive steps should be initiated against the petitioner pursuant to the assessment order until the appeal is decided. The Court did not decide on the merits of the Section 80P deduction claim itself, but rather on the procedural aspect of ensuring a timely and fair hearing of the appeal.
The High Court held that the appeal filed by the Revenue had become infructuous due to subsequent developments before the ITAT concerning the same Assessment Year 2006-07. The Court accepted the statement placed on record regarding these developments. Consequently, the High Court dismissed the Income Tax Appeal. No specific findings were made on the substantive issues of the assessment year as the appeal was disposed of on procedural grounds. The operative direction was to dismiss the appeal as infructuous and to issue a copy of the recall order and the judgment to both parties.
The High Court held that the assessment order was liable to be set aside on two grounds. Firstly, it found merit in the petitioner's contention that the impugned order was bad on account of a violation of the principles of natural justice. The Court noted that the Assessing Officer proceeded on the assumption that no reply was filed, whereas the petitioner had filed an objection on 28.07.2021, which was acknowledged by the Income Tax Department. Secondly, the Court found that the Assessing Officer had clearly failed to apply the dictum laid down by the Supreme Court in Mavilayi's Case. The Assessing Officer's conclusion that the assessee had not produced documentary evidence relating to its objects as a service co-operative agricultural bank and failed to discharge its onus regarding fund deployment for agricultural loans was directly contradictory to the Supreme Court's ruling. The Court also referred to a Division Bench judgment of the Kerala High Court in W.A. No. 753 of 2021, which set aside an assessment order on similar grounds. Consequently, the assessment order was quashed, and the Assessing Officer was directed to redo the assessment after issuing notice and affording an opportunity of being heard. The Court explicitly stated that it had not rendered any opinion on the merits of the matter and left all contentions open. The assessment was to be completed within six months from the receipt of the judgment.
The High Court of Kerala directed the Income Tax Appellate Tribunal, Cochin Bench, to consider the stay petition filed by the petitioner expeditiously, and at any rate, within a period of three months from the date of receipt of a copy of the judgment. The Court also clarified that if the Tribunal deems fit, based on its workload, it could even take up and dispose of the appeal itself in the meantime. Furthermore, all proceedings pursuant to the revised assessment order (Ext.P2) were ordered to be kept in abeyance until the Tribunal passes an order on the stay petition as directed. The writ petition was disposed of with these directions.
The High Court held that the Tribunal erred by adjudicating on the merits of the Commissioner's findings instead of remanding the matter, especially since the assessee failed to participate in the initial proceedings before the Commissioner. The Court set aside the orders of both the Commissioner and the Tribunal.
The High Court held that the questions raised in the appeal are substantially covered by the judgments of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax and Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. The Court noted the submissions made by the learned counsel for both parties to this effect. Consequently, the High Court dismissed the Income Tax Appeal by following the said Supreme Court judgments. The questions of law were answered accordingly based on these precedents. No specific findings on the merits of the case were recorded, as the decision was based on the concession of the parties regarding the applicability of the Supreme Court's rulings. The operative direction was to dismiss the appeal.
The High Court held that the assessee's activities of undertaking construction work for government projects and selling construction materials constituted trade, commerce, or business, and therefore, the proviso to Section 2(15) of the Income Tax Act, 1961, was attracted. The Court reasoned that the construction activity by itself did not advance any other object of general public utility; rather, the general public utility was derived from the use of the facilities constructed by the government. The Court distinguished between the assessee's activity and the ultimate purpose or user of the buildings constructed. It found the assessee's interpretation of the proviso, by excluding the limb involving carrying on of any activity in the nature of trade, commerce or business, to be untenable. The Court noted that the CBDT Circular, when considered with the facts, supported the revenue's position. Consequently, the Court concluded that the substantial question of law could be answered in favour of the revenue and against the assessee. The appeals were dismissed.
The High Court held that the assessee's activities of construction work for government projects and sale of construction materials constituted trade, commerce, or business, and thus fell within the proviso to Section 2(15) of the Income Tax Act, 1961. The Court reasoned that the construction activity itself did not directly advance any other object of general public utility; the utility was derived from the subsequent use of the constructed facilities by the government. The Court found the assessee's interpretation of the proviso, by excluding the limb involving trade, commerce, or business, to be untenable. The Court considered the CBDT Circular and concluded that the substantial question of law could be answered in favour of the revenue and against the assessee. The ITAT's decision was upheld, and the appeals were dismissed. No issue was expressly left undecided.
The High Court held that the penalty under Section 271(1)(c) is to be levied on the amount of tax sought to be evaded, not on the total tax payable by the assessee. The plain meaning of the section supports this interpretation. The Court noted that the Tribunal treated the penalty amount as Rs. 10,25,850. However, based on the computation statement, the total tax payable by the assessee was Rs. 10,25,850, and the difference in tax was lesser than what was found to have been evaded. The Court found that a penalty of 100% of the tax sought to be evaded works out to Rs. 5,62,918. The Court answered the questions of law in favor of the assessee and against the Revenue. The appeal was allowed, with the penalty quantified at Rs. 5,62,918. The Court did not find it necessary to remit the matter to any of the authorities for re-quantification.
The High Court followed its prior judgment in Kerala State Electricity Board V. Deputy Commissioner of Income Tax. The questions of law were answered in favor of the assessee and against the Revenue.
The High Court dismissed the appeal, following the Supreme Court judgments in Mavilayi Service Co-operative Bank Ltd. and Chirakkal Service Co-operative Bank Ltd. These judgments likely addressed the taxability of income for co-operative banks.
The High Court held that the issues raised in the appeal are substantially covered by the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another, and the Kerala High Court judgment in Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. The Court accepted the submission made by the Revenue's counsel. Accordingly, the High Court dismissed the Income Tax Appeal by following the aforementioned judgments. The questions before the Tribunal were answered in line with these precedents. No specific amount in dispute was mentioned. No issue was expressly left undecided.
The High Court held that the acceptance of the assessee's claim under Section 10A by the CIT(A) without a revised return was illegal and untenable. The Court referred to the Supreme Court judgment in Goetze (India) Ltd V. Commissioner of Income Tax, which clarified that the issue in that case was limited to the power of the assessing authority and did not impinge on the power of the Income-Tax Appellate Tribunal under Section 254. The High Court emphasized that the expression of the Standing Counsel in the Goetze judgment was clear: claims cannot be modified without a revised return. Therefore, the grounds for interference against the ITAT's order were made out. The questions of law were answered in favour of the Revenue and against the Assessee. The appeal was allowed.
The High Court held that the questions raised in the appeal are substantially covered by the judgments of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another, and Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. Consequently, the Income Tax Appeal was dismissed following these precedents. The questions were answered accordingly. No specific amount in dispute was mentioned, and no issue was left undecided.
The High Court of Kerala held that the appeal filed by the Revenue should be dismissed. This decision was based on the submission made by the Revenue's counsel that the issues involved in the appeal were substantially covered by the judgments of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax and Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. Consequently, the Court followed these precedents to dismiss the appeal. The questions of law were answered in line with these judgments. No specific issue was left undecided; the entire appeal was disposed of based on the cited authorities.
The High Court held that the questions of law raised in both appeals were indeed covered by the judgment of the court in Kerala State Electricity Board V. Deputy Commissioner of Income Tax [2010]329 ITR 91(KER). Consequently, by following the ratio laid down in that judgment, the questions were answered in favour of the Assessee and against the Revenue. The appeals filed by the Revenue were dismissed. The operative direction was the dismissal of the Income Tax Appeals.
The High Court held that the reassessment proceedings initiated under Section 147 of the Act were invalid due to the second proviso to Section 147. This proviso states that the AO may assess or reassess income, other than income involving matters which are the subject matter of any appeal, reference, or revision. The Court found that the reasons recorded by the AO for reopening the assessment were indeed the subject matters of appeal before the CIT(A). Therefore, the reopening made by issuing notice under Section 148 on March 30, 2010, was invalid. The additions made under this order were consequently deleted. The Court agreed with the findings of the CIT(A) and the Tribunal. Regarding the second substantial question of law, the Court noted it was covered by its own judgment in Kerala State Electricity Board V. Deputy Commissioner of Income Tax, which was in favour of the assessee. The Court found that the distinction sought to be introduced by the Revenue between the subject matter and the quantum of entitlement failed, as the second proviso does not make such a distinction. The appeal was dismissed.
The High Court of Kerala held that the questions raised in the appeal are substantially covered by the Supreme Court judgment in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another, and the Kerala High Court judgment in Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. The Court accepted the submission of the Revenue's counsel. Accordingly, the Income Tax Appeal was dismissed by following the aforementioned judgments. The questions of law were answered in line with these precedents. No specific issue was left undecided.
The High Court allowed the appellant's request to withdraw all the pending Income Tax Appeals. Consequently, the appeals were dismissed as withdrawn.
The High Court of Kerala, Ernakulam, considered the memo dated August 31, 2021, filed by the appellant's counsel, Advocate Mohan Pulickkal. The memo requested that the appeal be dismissed as withdrawn. The Court accepted the memo and, accordingly, dismissed Income Tax Appeal No. 48 of 2018 as withdrawn. The judgment does not delve into the substantive issues of the original appeal or the order of the ITAT. The decision is purely procedural, based on the assessee's request to withdraw the appeal. No specific reasoning beyond the acceptance of the withdrawal memo was provided, and no ratio decidendi for future cases on substantive matters can be derived from this judgment.
The High Court, after perusing the judgment in ITA No. 96/2015, found that the questions raised in the present appeal were covered by the said prior judgment. By following and for the reasons stated in ITA No. 96/2015, the High Court answered the questions in favour of the assessee and against the Revenue. Consequently, the appeal was allowed. The operative direction was to allow the appeal, implying that the assessee is eligible for the higher depreciation claimed. The specific finding on each issue is not elaborated beyond stating that they are covered by the previous judgment. No issue was expressly left undecided.
The High Court considered the request made by the appellant's counsel to withdraw the Income Tax Appeals. The Court granted this request. Consequently, all the listed Income Tax Appeals were dismissed as withdrawn. No order was made as to costs. The judgment does not delve into the substantive issues of the appeals, as they were disposed of on the procedural ground of withdrawal. The principle derived is that a party has the right to withdraw their appeal, and the court will generally permit it, leading to a dismissal of the appeal without a decision on the merits.
The High Court allowed the appellant's request to withdraw all the pending Income Tax Appeals. Consequently, the appeals were dismissed as withdrawn.
The High Court of Kerala, comprising Justices S.V. Bhatti and Viju Abraham, considered the request made by the appellant's counsel to withdraw the Tax Appeals. The Court granted this request. Consequently, all the Income Tax Appeals filed by Catholic Syrian Bank Ltd. were dismissed as withdrawn. The Court did not delve into the merits of the original disputes that led to the appeals before the ITAT or the High Court. No order was made as to costs. The principle derived from this judgment is that a party has the right to withdraw its appeal, and the court will generally permit such withdrawal without adjudicating the underlying issues.
The High Court allowed the appellant's request to withdraw all the pending Income Tax Appeals. Consequently, the appeals were dismissed as withdrawn.
The High Court of Kerala, after hearing the counsel for the appellant who sought to withdraw the appeals, dismissed all the Income Tax Appeals as withdrawn. The Court granted the appellant's request to withdraw the appeals. No order as to costs was made. The specific grounds or the merits of the appeals were not adjudicated upon as they were withdrawn by the appellant.
The High Court of Kerala, after hearing the counsel for the appellant who sought to withdraw the appeals, dismissed all the Income Tax Appeals as withdrawn. The Court granted the appellant's request to withdraw the appeals. No order as to costs was made. The specific grounds or the merits of the appeals were not adjudicated upon as they were withdrawn by the appellant.
The High Court of Kerala, after hearing the counsel for the appellant who sought to withdraw the appeals, dismissed all the Income Tax Appeals as withdrawn. The Court granted the appellant's request to withdraw the appeals. No order as to costs was made. The specific grounds or the merits of the appeals were not adjudicated upon as they were withdrawn by the appellant.
The High Court allowed the appellant's request to withdraw all the pending Income Tax Appeals. Consequently, the appeals were dismissed as withdrawn.
The High Court allowed the appellant's request to withdraw all the pending Income Tax Appeals. Consequently, the appeals were dismissed as withdrawn.
The High Court of Kerala, in its judgment dated September 3, 2021, allowed the appellant's request to withdraw the Income Tax Appeals. The Court noted that the counsel for the appellant sought indulgence to withdraw the appeals. Consequently, the High Court ordered that the Income Tax Appeals stand dismissed as withdrawn. No order as to costs was made. The decision is based solely on the appellant's request for withdrawal and does not delve into the substantive issues that might have been raised in the appeals.
The High Court of Kerala, in its judgment dated September 3, 2021, allowed the appellant's request to withdraw the Income Tax Appeals. The Court noted that the counsel for the appellant sought indulgence to withdraw the appeals. Consequently, the High Court ordered that the Income Tax Appeals stand dismissed as withdrawn. No order as to costs was made. The decision is based solely on the appellant's request for withdrawal and does not delve into the substantive issues that might have been raised in the appeals.
The High Court allowed the appellant's request to withdraw all the pending Income Tax Appeals. Consequently, the appeals were dismissed as withdrawn.