Dismissed

The Commissioner of Income Tax, Tvm. v. M/S.Kallumoottil Jewellers, Pallimukku

Kerala HC3 Mar 2009ITA/39/2008

Case brief

AI extract

What is this about?

The Court dismissed the Income Tax Appeal filed by the Revenue. The issue was whether the Tribunal justified cancelling escaped income for AY 1998-99 based on a prior 1987-88 VDIS declaration. The Court held that since the Tribunal found the amount was already taxed under the VDIS Scheme without double taxation, no interference was warranted.

What did the court decide?

The appeal filed by the Revenue is dismissed.

The Commissioner of Income Tax, Tvm. Vs M/S.Kallumoottil… — Income Tax | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930

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ITA.No. 39 of 2008() -------------------ITA.363/COCH/2006 of I.T.A.TRIBUNAL,COCHIN BENCH

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APPELLANT/RESPONDENT:

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THE COMMISSIOENR OF INCOME TAX, TRIVANDRUM.

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BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX

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RESPONDENT/APPELLANT:

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M/S.KALLUMOOTTIL JEWELLERS, PALLIMUKKU, KOLLAM.

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ADV. SRI.K.SUBASH CHANDRA BOSE FOR R1

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THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ.

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.................................................................... I.T. Appeal No.39 of 2008

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.................................................................... Dated this the 3rd day of March, 2009.

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JUDGMENT

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Ramachandran Nair, J.

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Heard Standing Counsel for the appellant and counsel appearing for the respondent-assessee. Question raised in the appeal filed by the Revenue is whether Tribunal is justified in cancelling an income escaping assessment to bring to tax escaped income of Rs.1,00,674/for the assessment year 1998-99. The only basis of addition is the assessee's declaration of the same amount under VDIS for the year 1987-88. The Tribunal has found that assessee has paid tax on this amount under the VDIS with interest, even though certificate was not produced. Department also has no material to show that this amount is escaped income of the assessment year 1998-99. In view of the finding of fact entered by the Tribunal that the amount is subject to assessment under VDI Scheme and the present assessment is a double

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taxation of the same amount, we do not think there is any scope for interference with the order of the Tribunal. Appeal is accordingly dismissed.

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C.N.RAMACHANDRAN NAIR Judge

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K.SURENDRA MOHAN Judge

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pms

The Commissioner of Income Tax, Tvm. v. M/S.Kallumoottil Jewellers, Pallimukku

Case brief

What is this about?

What did the court decide?

The Commissioner of Income Tax, Tvm. v. M/S.Kallumoottil Jewellers, Pallimukku

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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