COCHIN MALABAR ESTATES AND INDUSTRIES LD V. DY.COMMR.OF INCOME TAX,SPL.RANGE.I,COCHI

OP/5855/2002

AI Insights

The case involves The Cochin Malabar Estates and Industries Ltd., represented by its Chairman & Managing Director, Mr. Jimmy J. Gazdar, as the petitioner, and various officials from the Income Tax and Agricultural Income Tax departments, along with the Union of India and the Central Board of Direct Taxes, as respondents. The dispute centered around multiple assessment orders issued for different assessment years. The petitioner challenged these orders, and the matter was brought before the High Court of Kerala. The court's decision to allow the petition was influenced by a prior judgment that had addressed similar issues, thereby setting a legal precedent.

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 755718 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 20-10-2014
• Assessment Year: misc
• Other Referred Cases: O.P.No.1687 of 2002 and connected cases
• Laws Referred To: Income Tax Act, Kerala Agricultural Income Tax Act, Karnataka Agricultural Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P K R MENON; GEORGE K GEORGE
• Assessee Lawyers: P
• Keywords: Agricultural income-tax; Assessment orders; Income Tax
• Section: 148; 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936 OP.NO. 5855 OF 2002 (V) ------------------------ PETITIONER(S): --------------- 1. THE COCHIN MALABAR ESTATES AND INDUSTRIES LTD., REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, MR.JIMMY J.GAZDAR, MALABAR HOUSE 56, BRISTOW ROAD, COCHIN-682 03. 2. MR.JIMMY J.GAZDAR, CHAIRMAN & MANAGING DIRECTOR, THE COCHIN MALABAR ESTATES AND INDUSTRIES LTD, MALABAR HOUSE, 56 BRISTOW ROAD, COCHIN-682003 BY ADV. SRI.P.BALACHANDRAN (SR.) RESPONDENT(S): --------------- 1. DEPUTY COMMISSIONER OF INCOME TAX (ASSESSMENT), SPECIAL RANGE-I, COCHIN. 2. INSPECTING ASSISTANT COMMISSIONER OF AGRICULTURAL INCOME TAX & SALES TAX, KOZHIKODE. 3. AGRICULTURAL INCOME TAX OFFICER, MADIKERI. 4. UNION OF INDIA REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, MINISTRY OF FINANCE CENTRAL BLOCK, NEW DELHI-110 001. 5. CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE NEW DELHI-110 001. BY ADV. SRI.P.K.R.MENON(SR.),SC FOR IT BY ADV. SRI.GEORGE K. GEORGE, SC FOR IT R2,R3 BY ADV. GOVERNMENT PLEADER SRI.LIJU V.STEPHEN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.NO. 5855 OF 2002 (V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1:A TRUE COPY OF THE ASSESSMENT ORDER FOR 86-87 PASSED BY THE FIRST RESPONDENT DATED 10.03.1989 EXT.P2: A TRUE COPY OF THE ASSESSMENT ORDER FOR 87-88 PASSED BY THE FIRST RESPONDENT DATED 10.01.1990 EXT.P3: A TRUE COPY OF THE ASSESSMENT ORDER FOR 88-89 PASSED BY THE FIRST RESPONDENT DATED 27.03.1989 EXT.P4: A TRUE COPY OF THE ASSESSMENT ORDER FOR 89-90 PASSED BY THE FIRST RESPONDENT DATED 19.03.1992 EXT.P5: A TRUE COPY OF THE ASSESSMENT ORDER FOR 90-91 PASSED BY THE FIRST RESPONDENT DATED 15.03.1993 EXT.P6: A TRUE COPY OF THE ASSESSMENT ORDER FOR 91-92 PASSED BY THE FIRST RESPONDENT DATED 28.02.1994 EXT.P7: A TRUE COPY OF THE ASSESSMENT ORDER FOR 92-93 DATED 29.11.1994 EXT.P8: A TRUE COPY OF THE ASSESSMENT ORDER FOR 93-94 DATED 28.02.1994 EXT.P9: A TRUE COPY OF THE ASSESSMENT ORDER FOR 94-95 DATED 16.01.2001 EXT.P9(A) & (B): TRUE COPIES OF THE ASSESSMENT ORDERS FOR 95-96 & 96- 97 U/S.143(3) DATED 04.03.1998 EXT.P10: A TRUE COPY OF THE ORDER IN O.P.NO.8099/99 (FOR THE ASSESSMENT YEAR 1986-87) DATED 26.03.1999 EXT.P11(A) TO (J)(SERIES): TRUE COPIES OF THE ASSESSMENT ORDERS PASSED UNDER THE KERALA AGRICULTURAL INCOME TAX ACT, FOR THE ASSESSMENT YEARS 1987-88 TO 1996-97 EXT.P12(A) TO (J)(SERIES): TRUE COPIES OF THE ASSESSMENT ORDERS PASSED UNDER THE KARNATAKA AGRICULTURAL INCOME TAX ACT, FOR THE ASSESSMENT YEARS 1986-87 TO 1996-97 EXT.P13: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE ADDITIONAL COMMISSIONER OF INCOME TAX SPL.RANGE.1, ERNAKULAM DATED 13.12.2001 EXT.P14: TRUE COPIES OF THE NOTICE ISSUED UNDER SECTION 148 OF THE IT ACT RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ---------------------------------------------------------- O.P.NO.5855 OF 2002 ---------------------------------------------------------- Dated this the 20th day of October, 2014 J U D G M E N T It is submitted by the learned Senior counsel, Government of India, Taxes that the issue in this original petition already stands covered in favour of the petitioner by the judgment dated 17.03.2008 in O.P.No.1687 of 2002 and connected cases. Accordingly, following the judgment of this Court in the aforementioned cases, this Original Petition is also allowed. A copy of the judgment dated 17.03.2008 in O.P.No.1687 of 2002 and connected cases is annexed to this judgment and shall form part thereof. A.K.JAYASANKARAN NAMBIAR JUDGE mns "