Dismissed

M/S.Aspinwall & Co.Ltd v. Commissioner of Incometax

Kerala HC6 Aug 2012ITA/30/2001

Case brief

AI extract

What is this about?

The High Court of Kerala, hearing Income Tax Appeals filed by Aspinwall & Co., dismissed the appeals. The court held that the issues were already covered by a Division Bench judgment in Aspinwall & Co. (Travancore) Ltd. and followed that precedent, affirming the tribunal's decision to disallow the contribution.

What did the court decide?

The appeals were dismissed following the precedent set in Aspinwall & Co. (Travancore) Ltd.

M/S.Aspinwall & Co.Ltd Vs Commissioner of Incometax — Income Tax | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

MONDAY, THE 6TH DAY OF AUGUST 2012/15TH SRAVANA 1934

¶5

ITA.No. 30 of 2001 ( )

¶6

-----------------------------ITA.NO.307(COCH)/1996 of IINCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH FOR 1992-93

¶7

APPELLANT/ APPELLANT IN ITA (S):

¶8

M/S.ASPINWALL & COMPANY LIMITED, CALVETTY, KOCHI 682 001

¶9

BY ADV.SRI.E.K.NANDAKUMAR (SENIOR) BY ADV. SRI.ANIL D. NAIR

¶10

RESPONDENT/RESPONDENT IN ITA

¶11

COMMISSIONER OF INCOME TAX, KOCHI

¶12

BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT

¶13

BY ADV. SRI.JOSE JOSEPH, SC FOR IT

¶14

THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06-08-2012, ALONG WITH ITA. NO. 4/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

MJL

¶16

ITA.No. 30 of 2001 ( )

¶17

APPENDIX

¶18

PETITIONER'S ANNEXURES:

¶19

ANNEXURE 'A': TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE DY.COMMISSIONER OF INCOME TAX (ASSMT) FOR 1992-93 DATED 19/12/1994

¶20

ANNEXURE 'B': TRUE COPY OF THE APPELLATE ORDER ISSUED BY THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 14/02/1996 ANNEXURE 'C': TRUE COPY OF THE TRIBUNAL ORDER ISSUED BY THE INCOME TAX APPELLATE TRIBUNAL DATED 16TH OCTOBER 2000.

¶21

RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P A TO JUDGE

MJL

THOTTATHIL B.RADHAKRISHNAN &

¶26

K.VINOD CHANDRAN, JJ.

¶27

I.T.A.Nos.30 of 2001 & 4 of 2005

¶28

Dated this the 6^th day of August, 2012

¶29

JUDGMENT

¶30

Thottathil B.Radhakrishnan,J.

¶31

The issue raised in these appeals as to whether the Income Tax Appellate Tribunal had erred in confirming disallowance of contribution by the appellant assessee to the Executive Staff Provident Fund stands covered against the appellant by the judgment rendered by the Division Bench of this Court in Aspinwall & Co.(Travancore) Ltd. v. Deputy Commissioner of Income Tax (Assessment) [(2007) 295 ITR 553(Ker)]. The issue pointedly considered there was the application of sub-section 9 of section 40 of the Income Tax Act, 1951. The Bench had elaborately examined also the question whether the insertion of that sub-section is in line with the judgment of this Court as noted therein. We may also note from the docket endorsements that these appeals were

¶32

¶33

ITA.30/01 & 4/05

¶34

earlier tagged along with those appeals which were decided by the Bench as per the aforesaid precedent. Having gone through the said precedent law, which was rendered inter partes in relation to the same question on similar set of facts, we do not find any ground to take a different view though the learned counsel for the appellant, quite strenuously, pointed out that certain vital issues, including the effect of certain circulars were missed by the Bench. To our query, learned counsel for the appellant could not point out that the assessee had challenged the aforesaid decision rendered on three I.T.appeals before the Apex Court. Hence, we follow the aforesaid precedent and dismiss these appeals.

¶35

Sd/THOTTATHIL B.RADHAKRISHNAN Judge.

¶36

Sd/K.VINOD CHANDRAN

¶37

Judge. kkb.7/8.

M/S.Aspinwall & Co.Ltd v. Commissioner of Incometax

Case brief

What is this about?

What did the court decide?

M/S.Aspinwall & Co.Ltd v. Commissioner of Incometax

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Commissioner of Incometax Vs M/S.Harrisons Malayalam Ltd. Cochin

17~ Commissioner of Income Tax Vs M/S.Harrisons Malayalam Financial Servic

Kunjeen Musliar Vs Meppara Juma Masjid Committee

Sheik Muhideen S.N. Vs Palayam Muslim Juma-Ath

The Oriental Insurance Co.Ltd. Vs Sreedevi

Union of India Vs Saraswathi Amma