THE PRINCIPAL COMMISSIONER OF INCOME TAX, V. LAKSHADWEEP CONSTRUCTION CORPORATION LTD.,

ITA/244/2019

AI Insights

This case involves two Income Tax Appeals (ITA No. 190 of 2019 and ITA No. 244 of 2019) filed by the Principal Commissioner of Income Tax, Kochi against Lakshadweep Development Corporation Ltd. The appeals were against the orders of the ITAT Cochin Bench dated 03.10.2018, which had favored the assessee for the assessment years 2013-14 and 2014-15. The main legal issue pertained to the interpretation and application of certain provisions of the Income Tax Act as they applied to the assessee's case. The court's decision was heavily influenced by a prior judgment (dated 14.9.2021) in ITA Nos. 5 and 7 of 2018, which had set a precedent in favor of the assessee under similar circumstances.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 676380 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 04-03-2024
• Assessment Year: misc
• Other Referred Cases: ITA Nos. 5 and 7 of 2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: MANU S
• Assessee Lawyers: JOSE JOSEPH
• Keywords: Appellate order; Assessment Order; Income tax appeal; Memorandum of association
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 ITA NO. 190 OF 2019 AGAINST THE ORDER DATED 03.10.2018 IN ITA NO.311 OF 2018 OF AGRL.I.T.ADDITIONAL BENCH,ERNAKULAM APPELLANT/RESPONDENT: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI - 1, KOCHI, 1ST FLOOR, CENTRAL REVENUE BUILDING, I. S. PRESS ROAD, KOCHI - 682018. BY ADVS.SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT: LAKSHADWEEP DEVELOPMENT CORPORATION LTD 27/1038 B, PANAMPILLY NAGAR, ERNAKULAM, KOCHI - 682036 BY ADV SRI.MANU.S, DSG, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2024, ALONG WITH ITA.244/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA Nos.190 & 244 of 2019 -:2:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 ITA NO. 244 OF 2019 AGAINST THE ORDER DATED 03.10.2018 IN ITA NO.312 OF 2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/RESPONDENT: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI - 1, KOCHI, 1ST FLOOR, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI -682 018. BY ADVS.SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT: LAKSHADWEEP DEVELOPMENT CORPORATION LTD 27/1038, PANAMPILLY NAGAR, KOCHI - 682 036. BY ADVS.SRI. MANU S. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2024, ALONG WITH ITA.190/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA Nos.190 & 244 of 2019 -:3:- J U D G M E N T Dr. A.K.Jayasankaran Nambiar, J. It is agreed by both sides that issue involved in these Income Tax Appeals is covered in favour of the assessee and against the Revenue by the judgment dated 14.9.2021 by this Court in ITA Nos. 5 and 7 of 2018. Accordingly, the substantial questions of law raised in these appeals are answered in favour of the assessee and against the Revenue and the appeals filed by the Revenue are dismissed. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE sd/- DR. KAUSER EDAPPAGATH JUDGE kp ITA Nos.190 & 244 of 2019 -:4:- APPENDIX OF ITA 244/2019 PETITIONER ANNEXURES ANNEXURE A COPY OF THE ASSESSMENT ORDER U/S. 143(3) DATED 20/12/2016 FOR A.Y.2014-15. ANNEXURE B COPY OF THE CIT(A)'S ORDER IN ITA NO.323/E/CIT(A)-1/16-17DATED 06/04/2018. ANNEXURE C COPY OF THE APPELLATE ORDER OF THE ITAT COCHIN BENCH IN ITA NO.311 & 312/COCH/2018 DATED 03/10/2018 FOR A.YRS.2013-14 AND 2014-15. ANNEXURE D COPY OF MEMORANDUM OF ASSOCIATION OF THE ASSESSEE COMPANY. ITA Nos.190 & 244 of 2019 -:5:- APPENDIX OF ITA 190/2019 PETITIONER ANNEXURES ANNEXURE A COPY OF THE ASSESSMENT ORDER U/S.143(3) DATED 23.02.2016 FOR A.Y. 2013-14 ANNEXURE B COPY OF THE CIT(A)'S ORDER IN ITA NO. 140/EKM/CIT(A)-I/ 2015-16 DATED 06.04.2018 ANNEXURE C COPY OF THE APPELLATE ORDER OF THE ITAT COCHIN BENCH IN ITA NO.311 AND 312/COCH/2018 DATED 03.10.2018 FOR A.Y. 2013-14 AND 2014-15 ANNEXURE D COPY OF MEMORANDUM OF RELEVANT PORTION OF ASSOCIATION OF THE ASSESSEE COMPANY. "