THE COMMISSIONER OF INCOME TAX, V. THE FEDERAL BANK LTD

RP/155/2020

AI Insights

The case involves a batch of review petitions filed against the judgments that had deleted the disallowance made under Section 14A of the Income Tax Act, 1961. The main legal contention was whether the disallowance under Section 14A could be applied retrospectively or only from the assessment year 2007-2008 onwards. The court referenced the Supreme Court's decision in Commissioner of Income Tax V. Essar Teleholdings Ltd., which clarified that such disallowance could only be made from the assessment year 2007-2008, following the incorporation of the machinery provisions under Rule 8D of the Income Tax Rules in 2006. The court dismissed the review petitions, affirming that the judgments under review were consistent with the established legal precedent.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 728372 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 18-03-2020
• Assessment Year: misc
• Other Referred Cases: Commissioner of Income Tax V. Essar Teleholdings Ltd., Godrej & Boyce Manufacturing Co. Ltd V. Deputy Commissioner of Income-Tax and Another, Commissioner of Income-Tax, Bangalore v. B.C. Srinivasa Setty
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: V MARKOS
• Assessee Lawyers: P K R MENON; JOSE JOSEPH
• Keywords: Disallowance; Income Tax; Machinery provisions; Review petition; Rule 8D; Section 14A
• Section: 14A

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.155 OF 2020 IN ITA. 1222/2009 AGAINST THE JUDGMENT IN ITA 1222/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX, KOCHI-682 018 BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: THE FEDERAL BANK LTD FEDERAL TOWERS, ALUVA SRI.V.ABRAHAM MARKOS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.985/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1061 OF 2019 IN ITA. 1195/2009 AGAINST THE JUDGMENT IN ITA 1195/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI - 1, KOCHI. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S. THE FEDERAL BANK LTD., FEDERAL TOWERS, ALUVA- 683 101 BY SRI.V.ABRAHAM MARKOS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1123 OF 2019 IN ITA. 533/2009 AGAINST THE JUDGMENT IN ITA 533/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX KOCHI-1, KOCHI BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.THE FEDERAL BANK LTD FEDERAL TOWERS, ALUVA. BY SRI.V.ABRAHAM MARKOS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.287 OF 2020 IN ITA. 1116/2009 AGAINST THE JUDGMENT IN ITA 1116/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRL. COMMISSIONER OF INCOME TAX, THRISSUR BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S. SOUTH INDIAN BANK LTD. MISSION QUARTERS, THRISSUR. BY SRI.V.ABRAHAM MARKOS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.991 OF 2019 IN ITA. 570/2009 AGAINST THE JUDGMENT IN ITA 570/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PR.COMMISSIONER OF INCOME TAX, THRISSUR. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.SOUTH INDIAN BANK LTD., MISSION QUARTERS, THRISSUR - 680 001 SRI.V.ABRAHAM MARKOS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.985 OF 2019 IN ITA. 1092/2009 AGAINST THE JUDGMENT IN ITA 1092/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX THRISSUR BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: DHANALAKSHMI BANK LTD. NAIKKANAL, THRISSUR - 680 001 SRI.P.BALAKRISHNAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1034 OF 2019 IN ITA. 98/2012 AGAINST THE JUDGMENT IN ITA 98/2012 OF HIGH COURT OF KERALA REVIEW PETITIONER/PETITIONER IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX THRISSUR. BY ADV. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI. JOSE JOSEPH, SC FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S. DHANALEKSHMI BANK LTD. NAIKKANAL, THRISSUR. SRI.MOHAN PULIKKAL THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 8 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.285 OF 2020 IN ITA. 116/2012 AGAINST THE JUDGMENT IN ITA 116/2012 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE COMMISSIONER OF INCOME TAX, THRISSUR. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S.DHANALAKSHMI BANK LTD., NAIKKANAL, THRISSUR. SRI.P.BALAKRISHNAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1277 OF 2019 IN ITA. 873/2009 AGAINST THE JUDGMENT IN ITA 873/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI-1, KOCHI. BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.HARRISONS MALAYALAM LTD., WILLINGDON ISLAND, KOCHI- 682 003 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 10 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1124 OF 2019 IN ITA. 88/2013 AGAINST THE JUDGMENT IN ITA 88/2013 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX KOCHI-1, KOCHI -682 018. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S. HARRISONS MALAYALAM LTD. WILLINGDON ISLAND, KOCHI. SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 11 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1058 OF 2019 IN ITA. 703/2009 AGAINST THE JUDGMENT IN ITA 703/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX, KOCHI. X BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.HARRISONS MALAYALAM LTD. WILLINGDON ISLAND, KOCHI SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 12 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1066 OF 2019 IN ITA. 1084/2009 AGAINST THE JUDGMENT IN ITA 1084/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI-1, KOCHI BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.HARRISONS MALAYALAM LTD WILLINGDON ISLAND, KOCHI SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 13 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1118 OF 2019 IN ITA. 922/2009 AGAINST THE JUDGMENT IN ITA 922/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX , KOCHI - 1, KOCHI. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S. HARRISONS MALAYALAM LTD., WILLINGDON ISLAND, KOCHI . SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 14 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1031 OF 2019 IN ITA. 1060/2009 AGAINST THE JUDGMENT IN ITA 1060/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI - 1, KOCHI. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S.HARRISONS MALAYALAM LIMITED, WILLINGTON ISLAND, KOCHI - 682 003 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 15 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1103 OF 2019 IN ITA. 879/2009 AGAINST THE JUDGMENT IN ITA 879/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI-1, KOCHI BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.HARRISONS MALAYAM LTD., WILLINGDON ISLAND, KOCHI- 682 003 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 16 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1106 OF 2019 IN ITA. 121/2010 AGAINST THE JUDGMENT IN ITA 121/2010 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI-1, KOCHI. BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL, ELOOR, KOCHI - 683 501 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 17 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1273 OF 2019 IN ITA. 872/2009 AGAINST THE JUDGMENT IN ITA 872/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI-1, KOCHI. BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S. THE FEDERAL BANK LTD FEDERAL TOWERS, ALUVA-683 101 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 18 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1115 OF 2019 IN ITA. 69/2012 AGAINST THE JUDGMENT IN ITA 69/2012 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM. BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: M/S.KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.,KESTON ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM-695003. SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 19 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1072 OF 2019 IN ITA. 123/2012 AGAINST THE JUDGMENT IN ITA 123/2012 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM. BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT IN ITA: KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.,KESTON ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM-695003. SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 20 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1158 OF 2019 IN ITA. 1662/2009 AGAINST THE JUDGMENT IN ITA 1662/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE PR.COMMISSIONER OF INCOME TAX THRISSUR BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S.SOUTH INDIAN BANK LTD MISSION QUARTERS, THRISSUR- 680 001 : SRI.GEORGE VARGHESE THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 21 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.1161 OF 2019 IN ITA. 16/2013 AGAINST THE JUDGMENT IN ITA 16/2013 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI -1, KOCHI. BY ADVS. SRI.P.K.R.MENON,SENIOR COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S. HARRISONS MALAYALAM LTD. WILLINGTON ISLAND, KOCHI -682 003 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 22 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.328 OF 2020 IN ITA. 1151/2009 AGAINST THE JUDGMENT IN ITA 1151/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/APPELLANT IN ITA: THE COMMISSIONER OF INCOME TAX KOCHI BY ADVS. SRI.JOSE JOSEPH, SC, FOR INCOME TAX SRI.P.K.RAVINDRANATHA MENON (SR.) RESPONDENT/RESPONDENT IN ITA: M/S.HARRISONS MALAYALAM LTD WILLINGDON ISLAND, KOCHI - 682 003 SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 23 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.329 OF 2020 IN ITA. 712/2009 AGAINST THE JUDGMENT IN ITA 712/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE COMMISSIONER OF INCOME TAX THRISSUR BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S.DHANALAKSHMI BANK LTD NAIKKANAL, THISSUR SRI.P.BALAKRISHNAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 24 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.327 OF 2020 IN ITA. 186/2014 AGAINST THE JUDGMENT IN ITA 186/2014 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE COMMISSIONER OF INCOME TAX KOCHI BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: POPULAR VEHICLES AND SERVICES LTD. MAMANGALAM, ERNAKULAM SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 25 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 RP.No.326 OF 2020 IN ITA. 815/2009 AGAINST THE JUDGMENT IN ITA 815/2009 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT IN ITA: THE COMMISSIONER OF INCOME TAX KOCHI, KOCHI BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT IN ITA: M/S.THE FEDERAL BANK LTD. FEDERAL TOWERS, ALUVA SRI. V.ABRAHAM MARKOS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.03.2020, ALONG WITH RP.155/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 26 ORDER [ RP.155/2020, RP.1061/2019, RP.1123/2019, RP.287/2020, RP.991/2019, RP.985/2019, RP.1034/2019, RP.285/2020, RP.1277/2019, RP.1124/2019, RP.1058/2019, RP.1066/2019, RP.1118/2019, RP.1031/2019, RP.1103/2019, RP.1106/2019, RP.1273/2019, RP.1115/2019, RP.1072/2019, RP.1158/2019, RP.1161/2019, RP.328/2020, RP.329/2020, RP.327/2020, RP.326/2020 K. Vinod Chandran, J. The batch of review Petitions have been filed against the deletion of disallowance made under Section 14A of the Income Tax Act, 1961 (For brevity, 'the Act of 1961). This Court, in the appeals, filed by both the Revenue and the assessee, found that, as per the binding precedent of the Hon'ble Supreme Court in Commissioner of Income Tax V. Essar Teleholdings Ltd. [(2018) 401 ITR 445 (SC), such dis- allowance could be made only from the assessment year 2007-2008. This was held to be so for reason of the incorporation of the machinery provisions under Rule 8D of the Income Tax Rules in the year 2006, the Explanatory Notes in the Finance Bill 2006, clarification in the Circular dated 28.12.2006 and the methodology having been changed in the year 2016, which was expressly stated to be prospective. RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 27 2. Learned Standing Counsel appearing for the Revenue submitted that the decision in Essar Teleholdings (supra) itself finds that Section 14A of the Act is fully workable without there being any mechanism provided for computing the expenditure as noticed in para 36. 3. We have to immediately notice that it is not the dictum of the decision and their Lordships expressed otherwise in paragraphs 36, 37 & 40, all of which we extract hereunder: 36. It is to be noted that Section 14-A was inserted by the Finance Act, 2001 and the provisions were fully workable without their being any mechanism provided for computing the expenditure. Although Section 14-A was made effective from 1-4- 1962 but proviso was immediately inserted by the Finance Act, 2002, providing that Section 14-A shall not empower the assessing officer either to reassess under Section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessees under Section 154, for any assessment year beginning on or before 1-4-2001. Thus, all concluded transactions prior to 1-4-2001 were made final and not allowed to be reopened. 37. The memorandum of explanation explaining the provisions of the Finance Act, 2006 has clearly mentioned that Section 14 sub-section (2) and RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 28 sub-section (3) shall be effective with effect from Assessment Year 2006-2007 alone which is another indicator that provision was intended to operate prospectively. XXX XXX XXX 40. In the present case, methodology as provided under Rule 8-D was neither a well-known nor well- settled mode of computation. The new mode of computation was brought in place by Rule 8-D. No assessing officer, even in his imagination could have applied the methodology, which was brought in place by Rule 8-B. Thus, retrospective operation of Rule 8-B cannot be accepted on the strength of law laid down by this Court in the above case. Underlining by us for emphasis It cannot hence be said that there could have been a computation applied even without the machinery provision. 4. The learned Standing Counsel placed reliance on the decision of the Hon'ble Supreme Court in Godrej & Boyce Manufacturing Co. Ltd V. Deputy Commissioner of Income- Tax and Another [(2017) 394 ITR 449 (SC) to contend that even before Essar Teleholdings' case, Honourable Supreme Court had accepted that dis-allowance under Section 14A of the Act, was valid and possible especially looking at the RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 29 legislative intend of the provision. We need only extract para of Essar Teleholdings to reject the above contention: 50. It is relevant to note that the impugned judgment in this appeal relies on the earlier judgment of the Bombay High Court in Godrej & Boyce Mfg. Co. Ltd. v. CIT, where the Division Bench of the Bombay High Court after elaborately considering the principles to determine the prospectivity or retrospectivity of the amendment has concluded that Rule 8-D is prospective in nature. Against the aforesaid judgment of the Bombay High Court dated 12-8-2010 an appeal was filed in this Court which has been decided vide its judgment in Godrej & Boyce Mfg. Co. Ltd. v. CIT(2017) 7 SCC 421 . This Court, while deciding the above appeal, repelled the challenge raised by the assessee regarding vires of Section 14-A. In para 36 of the judgment, this Court noticed that with regard to retrospectivity of provisions Revenue had filed appeal, hence the said question was not gone into the aforesaid appeal. In the above case, this Court specifically left the question of retrospectivity to be decided in other appeals filed by the Revenue. We thus have proceeded to decide the question of retrospectivity of Rule 8-D in these appeals. Underlining by us for emphasis We need not hence place any reliance on Godrej & Boyce Mfg. Co. Ltd. (supra) to decide on the retrospectivity. RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 30 5. We also rely on a three Judge Bench decision of the Hon'ble Supreme Court in Commissioner of Income-Tax, Bangalore v. B.C. Srinivasa Setty [(1981) 128 ITR 294]. There, the question was slightly different in so far as the computation provisions not being applicable, in which event it was held that the issue was not intended to fall within the charging section. We are concerned with the declaration that ''the Charging section and the computation provision together constitute an integrated provision''. Hence, only when the machinery provisions for computation came into the Rules, there could have been a dis-allowance under Section 14A of the Act especially when sub-sections (2) & (3) of Section 14A came into the statute in 2006, just before Rule 8D. 6. We also notice that in another appeal, ITA No.830 of 2009 dated 06.12.2018, wherein the question raised was answered in favour of the assessee and against the Revenue, again relying on Essar Teleholdings, the Revenue took it up before the Hon'ble Supreme Court and the SLP stood dismissed by an order dated 06.12.2018. RP.No.155 OF 2020 IN ITA. 1222/2009&CONN.CASES 31 For all the above reasons, we find no reason to review the judgments to the extent of the finding on applicability of Section 14A. The review petitions are accordingly dismissed inlimine. Sd/- K.VINOD CHANDRAN, JUDGE Sd/- ASHOK MENON, JUDGE ajt "