Kerala ITAT dismissed appeal against discrepancy in allowing written down value of cost of construction as current repair. Tribunal held holding over after lease expiry negated current repair claim.
Appeal dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935
ITA.No. 41 of 2014 ()
---------------------ITA. NO.256/COCH/2013 OF INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH.
APPELLANT/APPELLANT:
M/S. COASTAL RESORTS (INDIA) LTD., CASINO HOTEL, W/ ISLAND, KOCHI- 3, (PAN: AABCC3161C)
BY SRI.JOSEPH MARKOSE, SENIOR ADVOCATE. ADVS. SRI.V.ABRAHAM MARKOS, SRI.BINU MATHEW, SRI.TOM THOMAS (KAKKUZHIYIL), SRI.ABRAHAM JOSEPH MARKOS, SRI.ABRAHAM VARGHESE THARAKAN.
RESPONDENT/RESPONDENT:
THE ASSISTANT COMMISSIONER OF INCOME TAX, CORCLE -1(2), KOCHI -682 018.
BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX
THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 20-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
ITA.No. 41 of 2014
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE A | COPY OF THE GOVERNMENT ORDER DATED 28/02/2007 TOGETHER WITH TRANSLATION AND A GIST THEREOF. |
|---|---|
| ANNEXURE B | COPY OF THE LETTER DATED 30/03/2007 ISSUED BY THE TAHSILDAR, TALUK OFFICE, KOCHI TOGETHER WITH THE TRANSLATION THEREOF. |
| ANNEXURE C | COPY OF THE INTERIM ORDER DATED 18/08/2009 OF THE KERALA HIGH COURT IN WP(C).NO. 11776/2007 FILED BY THE APPELLANT. |
| ANNEXURE D | COPY OF THE ASSESSMENT ORDER DATED 15/12/2009 PASSED BY THE RESPONDENT. |
| ANNEXURE E | COPY OF THE APPELLATE ORDER DATED 08/03/2013 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-II KOCHI. |
| ANNEXURE F | COPY OF THE APPEAL DATED 09/04/2013 PREFERRED BY THE APPELLANT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH. |
| ANNEXURE G | CERTIFIED COPY OF THE IMPUGNED ORDER DATED 25/10/2013 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH IN ITA. NO.256/COCH/2013. |
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
MANJULA CHELLUR C.J. &
A.M.SHAFFIQUE, J.
= = = = = = = = = = = = = = = = I.T.A. No.41 of 2014
= = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of March, 2014
JUDGMENT
Shaffique, J
This appeal is filed against the order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA No.256/Coch/2013. The assessment year under consideration is 2007-08.
assessee took a certain extent of land on lease from Government of Kerala and constructed a building for business purpose. After the expiry of the lease period, the Government did not extend the lease. This matter was under challenge before this Court and there was a stay of the directions issued by the Government and a direction to maintain status quo.
I.T.A. No.41 of 2014
2
expenditure, under the head ‘current repair’. This was not permitted by the assessing officer. Matter was confirmed in appeal and further, matter was carried in appeal before the Tribunal.
I.T.A. No.41 of 2014
3
had incurred under the head 'current repairs'. Hence, we do not think that any question of law arises for consideration in this appeal.
Accordingly, the appeal is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE
A.M.SHAFFIQUE, JUDGE.
sj21/3
2 issues framed by the court
Whether the claim for written down value of cost of construction as revenue expenditure under 'current repair' allowed.
Whether assessee in possession after expiry of lease could claim current repair expenditure.
Colour shows how this judgement treated each authority
TVS Lean Logistics LtdDistinguished¶36
TVS Lean Logistics Ltd 293 ITR 432 (Mad)
1 provisions across 1 enactments
M/s. Coastal Resorts (India) Ltd.
The Assistant Commissioner of Income Tax, Corcle -1(2), Kochi
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
