The High Court of Kerala held that Section 14A of the Income Tax Act is applicable only from assessment year 2007-08, following Essar Tele-holdings. Consequently, the provision was not applicable to the assessee's earlier assessment year, leading to the rejection of the appeal.
Income Tax Appeal stood rejected; no costs.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940
ITA.No. 830 of 2009
AGAINST THE ORDER/JUDGMENT IN ITA 295/COCH/2003 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 19-09-2006
APPELLANT/S:/RESPONDENT:/REVENUE:
THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM.
BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH SC FOR INCOME TAX
RESPONDENT/S:/APPELLANT/ASSESSEE:
STATE BANK OF TRAVANCORE, POOJAPPURA,TRIVANDRUM.
BY ADVS. SRI.P.BALAKRISHNAN (E) SRI.SANTHOSH MATHEW SRI.SANTHOSH NINAN
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN & ASHOK MENON, JJ.
ITA No.830 of 2009
------------------------------------------Dated this the 6th day of December, 2018
J U D G M E N T
K.Vinod Chandran, J.
The question arising in the appeal is as to the applicability of Section 14A of the Income Tax Act, 1961. In (2018) 401 ITR 445 [Commissioner of Income-Tax-5 v. Essar Tele-holdings Ltd.] , it has been held that the said provision would be applicable only from the assessment year 2007-08. The present appeal being from an assessment year long prior to that, the question has to be answered in favour of the assessee and against the Revenue. The Income Tax Appeal would stand rejected. No costs.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ASHOK MENON
JUDGE
ITA 830/09
APPENDIX
APPELLANT'S EXHIBITS:
ANNEXURE-A TRUE COPY OF THE ORDER OF THE ASSESSING OFFICER DATED 6/2/2003. ANNEXURE-B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) DATED 27/5/2003. ANNEXURE-C TRUE COPY OF THE ORDER OF THE APPELLATE TRIBUNAL DATED 3/10/2006. [True Copy] jg
2 issues framed by the court
Whether Section 14A of the Income Tax Act, 1961 applies to an assessment year prior to 2007-08.
Whether the benefit clause of Section 14A can be applied retrospectively to earlier years.
Colour shows how this judgement treated each authority
Commissioner of Income-Tax-5 v. Essar Tele-holdings Ltd.Referred¶21
(2018) 401 ITR 445 [Commissioner of Income-Tax-5 v. Essar Tele-holdings Ltd.]
1 provisions across 1 enactments
THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM
STATE BANK OF TRAVANCORE, POOJAPPURA, TRIVANDRUM
K.VINOD CHANDRAN
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
