Dismissed

The Commissioner of Income TAX-1 v. M/S Poabs Granite Products Pvt. Ltd.

Kerala HC12 Mar 2014ITA/25/2014

Case brief

AI extract

What is this about?

In ITA No. 25 of 2014 and 31 of 2014, the Kerala High Court disposed of income tax appeals concerning additional depreciation and Section 80-IB benefits. Upholding the precedent set in I.T.A. No. 576/2009 regarding the new statutory definition of manufacture effective from Assessing Year 2009-10, the Court upheld the Tribunal's opinion. The appeals were dismissed.

What did the court decide?

The appeals are dismissed in terms of I.T.A. No. 576/2009, upholding the opinion of the Tribunal.

The Commissioner of Income TAX-1 Vs M/S Poabs Granite Products… — Income Tax | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 12TH DAY OF MARCH 2014/21ST PHALGUNA, 1935

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ITA.No. 25 of 2014

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[AGAINST THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN I.T.A. NO.87/COCH/2013 DTD. 05/09/2013ASSESSMENT YEAR 2009-10]

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APPELLANT/RESPONDENT/REVENUE:

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THE COMMISSIONER OF INCOME TAX, KOTTAYAM.

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BY SRI. P.K. RAVINDRANATH MENON, SENIOR ADVOCATE, SRI.JOSE JOSEPH, S.C.

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RESPONDENTT/APPELLANT/ASSEESSEE:

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M/S. POABS GRANITE PRODUCTS PVT., LTD,, WEST OTHERA.POST, THIRUVALLA, PATHANAMTHITTA – 689 106.

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THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 12-03-2014, ALONG WITH I.T.A. NO.31/2014,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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I.T.A.NO.25/2014:

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE -A: ASSESSMENT ORDER U/S. 143 (3) DT. 20/12/2011. ANNEXURE-B: CIT (APPEALS) ORDER NO.ITA-41/TVLA/11-12 DT. 13/12/2012. ANNEXURE-C: I.T.A.T'S ORDER NO.87/COCH/2013 DT. 05/09/2013.

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RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE.

Prv.

MANJULA CHELLUR, C.J & A.M.SHAFFIQUE, J.

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I.T.A.Nos. 25 of 2014 and

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31 of 2014

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Dated this the 12^th March, 2014

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JUDGMENT

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Manjula Chellur, C.J.

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The respondent-assessee company is engaged in the business of granite quarrying and metal crushing. The issue pertains to assessment year 2009-2010 in respect of two different units. The controversy is whether additional depreciation under Section 32(1)(a) and also benefits available under Section 80-IB of the Income tax Act could be extended or not. A similar question pertaining to different units came up for consideration in I.T.A. No. 576/2009 before this Court. The substantial question of law was answered in favour of the assessee by judgment dated 20.1.2014. As a matter of fact, with reference to assessment year in earlier appeal, there was no definition for the word 'manufacture'. By virtue of Finance

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I.T.A.Nos. 25 of 2014 and 31 of 2014

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Act, 2009, the word 'manufacture' is defined which can be considered from assessment year 2009-2010 onwards. In the light of definition 'manufacture' being introduced, the case of the respondent-assessee deserves to be answered in his favour upholding the opinion of the Tribunal.

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Accordingly appeals are dismissed in terms of I.T.A. No.576/2009.

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Sd/MANJULA CHELLUR, CHIEF JUSTICE

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Sd/-

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A.M.SHAFFIQUE, JUDGE

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rka13.3.14

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/true copy/

The Commissioner of Income TAX-1 v. M/S Poabs Granite Products Pvt. Ltd.

Case brief

What is this about?

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The Commissioner of Income TAX-1 v. M/S Poabs Granite Products Pvt. Ltd.

Case brief

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