Allowed

The Commr. of Incometax, Bangalore v. the Malabar Industrial Company

Kerala HC25 Jul 2007OP/16463/1994

Case brief

AI extract

What is this about?

The Revenue filed an original petition seeking a direction to the Income Tax Appellate Tribunal to state a case and refer questions of law under Section 256(2) of the Income Tax Act, 1961, despite the Tribunal's earlier refusal under Section 256(1). The Court allowed the petition.

What did the court decide?

The petition is allowed and a direction is issued to the Tribunal to state the case and refer questions of law for consideration by the Court expeditiously.

The Commr. of Incometax, Bangalore Vs the Malabar Industrial Company — Income Tax | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929

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OP.No. 16463 of 1994(S) ---------------------------------AGAINST ORDER IN RA NO.125/1992 IN ITA NO.1073/1986 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH

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PETITIONER:

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THE COMMISSIONER OF INCOME-TAX, KARNATAKA-I, BANGALORE.

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BY STANDING COUNSEL (INCOME TAX) MR.GEORGE K.GEORGE

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RESPONDENT:

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M/S.MALABAR INDUSTRIAL COMPANY LIMITED, BANGALORE.

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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H.L.DATTU, C.J. & K.T.SANKARAN, J.

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O.P.No.16463 of 1994-S

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Dated, this the 25^th day of July, 2007

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JUDGMENT

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H.L.Dattu, C.J.

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The Revenue has filed this petition under Section 256(2) of the Income Tax Act, 1961 ('Act' for short), inter alia, requesting us to direct the Income Tax Appellate Tribunal to state the case and refer the questions of law that would arise in I.T.A.No.1074 of 1986 dated 19.2.1992 for the assessment year 198586.

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(2) The Tribunal has dismissed the appeal filed by the Revenue. The Revenue had filed an application under Section 256(1) of the Act requesting the Tribunal to state the case and refer the questions of law that would arise in I.T.A.No.1074 of 1986 for the assessment year 1985-86. The Tribunal has rejected the application.

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(3) We have carefully perused the order passed by the Tribunal and also the questions of law raised by the Revenue for consideration and decision by this Court. In our opinion, the questions of law raised by the Revenue require consideration by this Court. Therefore, a direction requires to be issued to the Tribunal to state the case and refer the questions of law that would arise in I.T.A.No.1074 of 1986 dated 19.2.1992 for the assessment year 1985-86.

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(4) Accordingly, the following:

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Order

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i) The petition is allowed.

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ii) A direction is issued to the Tribunal to state the case and refer the

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O.P.No.16463/1994

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questions of law that would arise in I.T.A.No.1074 of 1986 dated 19.2.1992 for the assessment year 1985-86 for consideration and decision by this Court, as

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expeditiously as possible.

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Ordered accordingly.

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( H.L.DATTU) CHIEF JUSTICE

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(K.T.SANKARAN) JUDGE

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vns

The Commr. of Incometax, Bangalore v. the Malabar Industrial Company

Case brief

What is this about?

What did the court decide?

The Commr. of Incometax, Bangalore v. the Malabar Industrial Company

Case brief

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What did the court decide?

What the court decided

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