THE PRINCIPAL COMMISSIONER OF INCOME TAX V. KERALA STATE ELECTRICITY BOARD

ITA/21/2020

AI Insights

The case involves two income tax appeals (ITA Nos. 21 of 2020 and 140 of 2019) filed by the Principal Commissioner of Income Tax, Thiruvananthapuram against the Kerala State Electricity Board concerning different assessment years. The appeals were based on the orders from the Income Tax Appellate Tribunal, Cochin Bench, which had previously ruled in favor of the assessee. The main legal issue revolved around the interpretation and application of certain provisions of the Income Tax Act as they pertain to the assessee's tax liabilities for the specified assessment years. The court, referencing a prior judgment, upheld the Tribunal's decision, leading to the dismissal of the appeals.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 756130 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 06-09-2021
• Assessment Year: misc
• Other Referred Cases: Kerala State Electricity Board V. Deputy Commissioner of Income Tax [2010]329 ITR 91(KER)
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: M NAMBIAR; K MATHAI; JOSON MANAVALAN; KURYAN THOMAS; PAULOSE ABRAHAM; RAJAKANNAN
• Assessee Lawyers: CHRISTOPHER ABRAHAM
• Keywords: Assessment Year; Income tax appeal; Income tax appellate tribunal; Cochin Bench; Kerala State Electricity Board
• Section: 147; 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 ITA NO. 21 OF 2020 AGAINST THE ORDER/JUDGMENT IN ITA 53/2019 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/APPELLANT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM. BY ADV SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE: KERALA STATE ELECTRICITY BOARD PATTOM, THIRUVANANTHAPURAM (PAN. AABCK5896J) REPRESENTED BY ITS MANAGING DIRECTOR, PIN-695 001. BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM ADV RAJA KANNAN FOR THE RESPDT THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 06.09.2021, ALONG WITH ITA.140/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA Nos. 21 OF 2020 & 140 OF 2019 -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 ITA NO. 140 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 29/2018 OF S.T.A.TRIBUNAL,ERNAKULAM, ERNAKULAM APPELLANT/APPELLANT/RESPONDENT/REVENUE: THE PRINCIPLE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM BY ADV SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE: KERALA STATE ELECTRICITY BOARD PATTOM, TRIVANDRUM, (PAN AABCK 5896J). BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 06.09.2021, ALONG WITH ITA.21/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA Nos. 21 OF 2020 & 140 OF 2019 -3- JUDGMENT [ITA Nos.21/2020, 140/2019] S.V.BHATTI,J. Heard Standing Counsel Mr.Christopher Abraham and Adv.Raja Kannan for parties. 2. The Principal Commissioner of Income Tax, Thiruvananthapuram is the appellant in these two appeals. The appeals are filed against following orders pertaining to the assessment years shown hereunder: Sl. No Assessment Year & Date Tribunal Tribunal Appeal No. & Date I.T.A No. 1 2006-07, dtd 30/12/2010 Income Tax Appellate Tribunal, Cochin Bench 53/Coch/2019, dtd 08/08/2019 I.T.A No.21 of 2020 2 2009-10, dtd 21/12/2011 Income Tax Appellate Tribunal, Cochin Bench 29/Coch/2018, dtd 01/11/2018 I.TA. No.140 of 2019 ITA Nos. 21 OF 2020 & 140 OF 2019 -4- 3. The counsel appearing for the parties submit that the questions of law raised in the appeals are covered by the judgment of this Court reported in Kerala State Electricity Board V. Deputy Commissioner of Income Tax1 . 4. By following the ratio laid down in the said judgment, the questions are answered in favour of Assessee and against the Revenue. Income Tax Appeals are dismissed as indicated above. Sd/- S.V.BHATTI JUDGE Sd/- VIJU ABRAHAM JUDGE JS 1 [2010]329 ITR 91(KER) ITA Nos. 21 OF 2020 & 140 OF 2019 -5- APPENDIX OF ITA 140/2019 APPELLANT'S ANNEXURES: ANNEXURE A TRUE COPY OF THE ORDER U/S 143 (3) OF THE INCOME TAX ACT DATED 21.12.2011. ANNEXURE B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM DATED 24.11.2017. ANNEXURE C TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO. 29/COCH/2018 DATED 01.11.2018. ITA Nos. 21 OF 2020 & 140 OF 2019 -6- APPENDIX OF ITA 21/2020 APPELLANT'S ANNEXURES: ANNEXURE A TRUE COPY OF THE ORDER U/S 143(3) R.W.S 147 OF THE INCOME TAX ACT DATED 30.12.2010. ANNEXURE B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS), TRIVANDRUM DATED 13.11.2018. ANNEXURE C TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO.52 & 53/COCH/2019 DATED 8.8.2019. "