M/S.COCHIN INTERNATIONAL AIRPORT LTD. V. THE ASST.COMMISSIONER OF INCOME TAX

OP/25976/1999

AI Insights

The case involves M/s. Cochin International Airport Ltd., which challenged the order of the Chief Commissioner of Income Tax regarding the waiver of interest under Section 234B for the assessment year 1996-97. The petitioner had declared 'nil' income in their return, but it was discovered that they had received significant interest income from bank deposits. The initial assessment order (Ext.P1) included this income, leading to the interest charge under Section 234B. The revision petition (Ext.P3) was dismissed, and the petitioner sought relief through this writ petition. The court's decision was influenced by the prevailing legal interpretations at the time of the assessment, which did not favor the petitioner's position.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 699372 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 13-06-2011
• Assessment Year: misc
• Other Referred Cases: Collis Lines (P) Ltd. vs. ITO, A-Ward, Companies Circle, Ernakulam, CIT vs. Autokast Ltd., Tuticorin Alkali Chemicals and Fertilizers Ltd. vs. CIT
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: P K R MENON; GEORGE K GEORGE
• Assessee Lawyers: P BALACHANDRAN
• Keywords: Assessment Order; Income Declaration; Revision petition; Term deposits; Waiver of interest
• Section: 234B

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 OP.No. 25976 of 1999(P) ---------------------------- PETITIONER: -------------- M/S. COCHIN INTERNATIONAL AIRPORT LTD., REP. BY MANAGING DIRECTOR MR.V.J. KURIAN, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, ERNAKULAM, COCHIN – 682 031. BY ADV. SRI.P.BALACHANDRAN, SENIOR ADVOCATE RESPONDENTS: ------------------ 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-I, DIVISION-I, ERNAKULAM. 2. THE CHIEF COMMISSIONER OF INCOME TAX, CR BUILDINGS, I.S. PRESS ROAD, COCHIN – 18. BY ADV. SRI.P.K.R.MENON, SENIOR ADVOCATE SRI.GEORGE K. GEORGE, SC FOR IT THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.25976/1999 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ASSESSMENT ORDER FOR 1996-97 DTD. 8.10.97. EXT. P2 : COPY OF REVISION PETITION BEFORE R2 FOR WAIVER OF INTEREST DTD.17.12.97. EXT. P3 : COPY OF ORDER PASSED BY CCIT, COCHIN DTD. 16.3.99. EXT. P4 : COPY OF ORDER PASSED BY R2 DTD. 19.12.00. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.25976 OF 1999 --------------------------------------- Dated this the 13th day of June, 2011. J U D G M E N T In this writ petition, the petitioner challenges Ext.P3 order passed by the Chief Commissioner of Income Tax in a revision petition filed by the petitioner. The assessment year is 1996-97. The issue was considered in the light of the application for waiver of interest charged under Section 234B of the Income Tax Act. 2. In the return of income filed for the above year, 'nil' income was declared. When the case was taken up for scrutiny, it was noticed that during the year the company had received income amounting to Rs.2,34,16,815/- by way of interest on term deposits from banks. In the return filed by the assessee, it was claimed that the interest earned is on borrowed funds and is not assessable to tax. Ext.P1 is the copy of the assessment order which was challenged in the revision petition. Finally it was held in Ext.P3 that the assessee has not made out a case for waiver of interest charged under Section 234B and the revision petition O.P. No.25976/99 2 was dismissed. 3. In the reply affidavit filed by the petitioner, Ext.P4 order relating to the assessment year 1997-98 has been produced. Therein, the entire interest levied under Section 234B and C has been waived. It is pointed out by the Standing Counsel for the respondents that during the year 1996-97, the decision of this Court in Collis Lines (P) Ltd. vs. ITO, A-Ward, Companies Circle, Ernakulam (135 ITR 390) (Kerala) was holding the field. It is true that later in re:CIT vs. Autokast Ltd. (138 CTR 75), a different view was taken which was in favour of the assessee. But the decision of this Court in Collis Lines case (supra) was upheld by the Apex Court in Tuticorin Alkali Chemicals and Fertilizers Ltd. vs. CIT (227 ITR 172)(SC). 4. Evidently, in Ext.P3, the view taken is that during the relevant assessment year, the view taken by this Court in Collis Lines (Pvt) Ltd's case (supra) was holding the field and hence, it cannot help the petitioner herein. All the aspects have been considered by the Chief Commissioner of Income Tax in Ext.P3 order. O.P. No.25976/99 3 5. In the light of the decision of the Apex Court as noticed above which favoured the assessment, it cannot be said that the view taken in Ext.P3 is wrong. 6. Learned Senior Counsel appearing for the petitioner is no more. As directed by this Court in the order dated 24.03.2010, notice was issued to the petitioner and going by the endorsement dated 27.05.2011, notice was served and it is noted that service is complete. But, there was no appearance for the petitioner. In the light of the view I have taken, the petitioner cannot succeed in this writ petition. Therefore, this writ petition is dismissed. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp "