On whether retrospective statutory amendment permits rectification of completed assessment under Section 154. The Court upheld the Division Bench judgment in ITA 1508/2010, allowing appeals, reversing the Tribunal, and restoring rectified assessments.
Appeals allowed, orders of the Tribunal reversed, and rectified assessments restored.
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 HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 13TH DAY OF MARCH 2012/23RD PHALGUNA 1933
ITA.No. 348 of 2010 ( )
AGAINST ORDER IN ITA.999/2008 DATED 19/05/2010 of I.T.A.TRIBUNAL,COCHIN BENCH
APPELLANT(S):/ RESPONDENT
THE COMMISSIONER OF INCOME TAX, (CENTRAL) COCHIN.
BY ADV.SHRI.PKR MENON, SR.SC FOR INCOME TAX ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT(S):/APPELLANT
SHRI.BABU OOMMEN, ALPHONSA CASHEW INDUSTRIES, PUTHOOR.P.O., KOTTARAKKARA, KOLLAM, PIN - 691 509.
BY SRI.DALE P.KURIEN
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 13-03-2012, ALONG WITH ITA. 362/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITA NO.348/2010
APPENDIX
APPELLANT'S EXHIBITS
| ANNEXURE-A : | COPY OF ASSESS | MENT OR | DER DATED 21/ | 02/2003. |
|---|---|---|---|---|
| ANNEXURE-B : 22/10/2003. |
COPY OF ORD | ER OF | CIT(A)-III, | TRIVANDRUM DATED |
| ANNEXURE-C : | COPY OF ITAT, | COCHIN | BENCH'S ORDER | DATED 31/05/2005. |
| ANNEXURE-D : A.O. |
COPY OF ORDER | UNDER | SECTION 154 | DATED 28/02/2008 OF |
| ANNEXURE-E : | COPY OF ORDER | OF CIT | (A)-III, KOCH | I DATED 26/09/2008. |
| ANNEXURE-F : | COPY OF ITAT, | COCHIN | BENCH'S ORDER | DATED 19/05/2010. |
| ANNEXURE-G : ITA NO.1508/2009 |
COPY OF JUDGM DATED 23/03/20 |
ENT OF 10. |
HON'BLE HIGH //T |
COURT OF KERALA IN RUE COPY// |
| PA | TO JUDGE. |
jg
C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ.
I.T.A.Nos.348 & 362 of 2010
Dated this the 13th day of March, 2012.
J U D G M E N T
Ramachandran Nair, J.
The issue raised is whether the subsequent amendment to the statute with retrospective effect justify rectification of completed assessment under Section 154 of the Act is covered by the Division Bench judgment of this Court in I.T.A.No.1508/2009 dated 23/03/2010. In fact, this judgment is issued against an order of the Tribunal based on which the Tribunal has issued the impugned order. Following the above referred judgment, we allow the appeals by reversing the orders of the Tribunal and by restoring the rectified assessments.
Registry will attach a copy of the judgment in ITA No.1508/2009 dated 23/03/2010 to form part of this judgment.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P. JOSEPH, JUDGE)
jg
2 issues framed by the court
Whether subsequent amendment to the statute with retrospective effect justifies rectification of completed assessment under Section 154 of the Act.
Whether such rectification is covered by the Division Bench judgment of the High Court in IT A No 1508/2009 dated 23/03/2010
Colour shows how this judgement treated each authority
Hon'ble High Court of Kerala JudgmentApplied¶25
IT A.No.1508/2009 dated 23/03/2010
1 provisions across 1 enactments
The Commissioner of Income Tax, (Central) Cochin
Shri. Babu Oommen
C.N. Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
