Allowed

Us Technology Resources Pvt. Ltd., v. the Commissioner of Income Tax

Kerala HC21 Dec 2018ITA/81/2018

Case brief

AI extract

What is this about?

The High Court allowed the Income Tax Appeal in ITA No. 81 of 2018. Relying on a common judgment dated 09.08.2018 in ITA No. 38/2014, the Court set aside the order of the Income Tax Appellate Tribunal, holding all issues in favour of the assessee against the Revenue.

What did the court decide?

The instant appeal was allowed, setting aside the order of the Income Tax Appellate Tribunal.

Us Technology Resources Pvt. Ltd., Vs the Commissioner of Income Tax — Income Tax | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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ITA.No. 81 of 2018

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AGAINST THE ORDER/JUDGMENT IN ITA 475/COCH/2016 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 23.5.2018

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APPELLANT/S:/APPELLANT:

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US TECHNOLOGY RESOURCES PVT. LTD., 721, NILA, TECHNOPARK CAMPUS, KARIAVATTOM, THIRUVANANTHAPURAM - 695 581, REPRESENTED BY ITS DIRECTOR, MR.SAJHISH KOCHATTIL.

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BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH

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RESPONDENT/S:/RESPONDENT:

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THE COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 003.

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SRI CHRISTOPHER ABRAHAM SC

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THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ITA 81/18

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K.VINOD CHANDRAN & ASHOK MENON, JJ.

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ITA No.81 of 2018

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------------------------------------------Dated this the 21^st day of December, 2018

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J U D G M E N T

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Vinod Chandran, J.

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The questions of law raised in this IT Appeal are similar to that raised in a batch of IT Appeals, which were disposed of by this Court by common judgment dated 09.08.2018 in ITA No.38/2014 and connected matters. All the issues have been held in favour of the assessee and against the Revenue. We, hence, follow the aforesaid decision in the case of identical appellant and allow the instant Appeal setting aside the order of the Income Tax Appellate Tribunal to the extent raised and the questions answered in favour of the assessee and against the Revenue. No costs.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

ASHOK MENON

JUDGE

ITA 81/18

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A THE TRUE COPY OF THE ORDER DATED 26/02/2016 ISSUED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(I), THIRUVANANTHAPURAM, UNDER SECTION 143(3) READ WITH SECTION 92 CA OF THE ACT, FOR THE A.Y 2012-13.

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ANNEXURE B THE TRUE COPY OF THE DIRECTIONS DATED 05/08/2016 ISSUED BY THE DRP UNDER SECTION 144C(5) OF THE ACT.

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ANNEXURE C THE TRUE COPY OF THE ORDER DATED 19/08/2016 ISSUED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), THIRUVANANTHAPURAM UNDER SECTION 143(3) READ WITH SECTION 92CA READ WITH SECTION 144C OF THE ACT, FOR THE A.Y.2012-13.

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ANNEXURE D THE TRUE COPY OF THE APPEAL MEMORANDUM (WITHOUT ANNEXURES) DATED 10/10/2016 FILED BY THE APPELLANT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH FOR THE A.Y.2012-13.

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ANNEXURE E THE TRUE COPY OF THE ORDER DATED 23/05/2018 ISSUED BY THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN ITA NO.475/COCH/2016.

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ANNEXURE F THE TRUE COPY OF THE JUDGMENT DATED 09/08/2018 PASSED BY THIS HON'BLE COURT IN I.T.A.NO.38/2014 AND CONNECTED APPEALS.

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[True Copy]

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Us Technology Resources Pvt. Ltd., v. the Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

Us Technology Resources Pvt. Ltd., v. the Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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