This tax reference addressed whether a construction company is entitled to investment allowance under Section 32A of the Income Tax Act. Following previous decisions, the court answered the question against the assessee.
Question answered against the assessee that it is not entitled to investment allowance under Section 32A.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929
ITR.No. 128 of 1998()
--------------------AGAINST THE ORDER DATED 19/5/1997 IN ITA 81/COCH/85 IN RA.160/COCH//1997 of I.T.A.TRIBUNAL,COCHIN BENCH
APPLICANT:-
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M/S.ASIAN TECHS LTD; COCHIN.
BY ADV. SRI.P.BALAKRISHNAN
RESPONDENT:-
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THE COMMISSIONER OF INCOMETAX, COCHIN.
BY ADV. SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT
THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 20/02/2008 ALONG WITH ITR NO. 131 OF 1998 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - I.T.R.NOs.128 to 131 of 1998
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Dated this the 20th day of February, 2008.
JUDGMENT
C.N. Ramachandran Nair, J.
Since there is no appearance for the assessee/applicant, we requested Advocate Shri P. Balakrishnan, whose senior colleague was representing the assessee before the Tribunal, to assist us. Accordingly, we have heard Shri P. Balakrishnan for the assessee and learned Standing Counsel for the respondent.
Commissioner of Income Tax v. Asian Techs. Ltd. (244 ITR 356) which was followed in another decision reported in Commissioner of Income
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Tax v. Asian Techs. Ltd. (187 C.T.R. 321).
We, therefore, answer the questions referred against the assessee, following the above judgments. Registry will forward copy of this judgment to the Income Tax Appellate Tribunal.
(C.N. Ramachandran Nair, Judge.)
T.R. Ramachandran Nair, Judge.)
kav/
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C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ.
JUDGMENT
20th February, 2008.
1 issue framed by the court
Whether the assessee is entitled to investment allowance under Section 32A of the Income Tax Act being a construction company building dams and bridges.
Colour shows how this judgement treated each authority
Commissioner of Income Tax v. Asian Techs. Ltd.Followed¶23
(244 ITR 356)
Commissioner of Income Tax v. Asian Techs. Ltd.Followed¶23
(187 C.T.R. 321)
1 provisions across 1 enactments
M/s. Asian Techs Ltd
The Commissioner of Income Tax, Cochin
C.N. Ramachandran Nair
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
