The Kerala High Court dismissed the tax department's appeal challenging the ITAT's allowance of a deduction under Section 36(1)(viia), finding the Tribunal's reliance on a Board circular was not illegal.
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 ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 6TH DAY OF JUNE 2016/16TH JYAISHTA, 1938
ITA.No. 69 of 2016
--------------------------AGAINST THE ORDER IN ITA 169/2015 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 19-11-2015
APPELLANT/RESPONDENT/RESPONDENT/REVENUE : -
THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE.
BY ADVS.SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT
RESPONDENT/APPELLANT/APPELLANT/ASSESSEE:-
M/s THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD, HEAD OFFICE, KALLAI ROAD, KOZHIKODE-673 002.
THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 06-06-2016 ALONG WITH ITA. No. 67/2016. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITA.No. 69 of 2016
2
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE A : TRUE COPY OF ASSESSMENT ORDER DATED 16.03.2013. ANNEXURE B : TRUE COPY OF THE APPELLATE ORDER DATED 02.12.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS). ANNEXURE C : TRUE COPY OF THE ORDER DATED 19.11.2015 PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN.
RESPONDENT'S ANNEXURE : NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
Income Tax Appeal No. 69 of 2016 &
Income Tax Appeal No. 67 of 2016
-------------------------------------------- Dated this the 06th day of June, 2016
J U D G M E N T
Antony Dominic, J.
The revenue has filed these appeals aggrieved by orders passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA Nos. 168 & 169/2015 concerning the assessment years 2008-09 & 2009-10.
ITA Nos. 69 & 67/2016
2
consideration of this Court.
Appeals are therefore dismissed.
ANTONY DOMINIC, JUDGE
DAMA SESHADRI NAIDU, JUDGE
DMR/-
1 issue framed by the court
Whether the claim for deduction under Section 36(1)(viia) of the Income Tax Act is illusory or permissible in view of the applicable circular.
1 provisions across 1 enactments
THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE
M/s THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
