The High Court rejected the Income Tax Commissioner's appeal against the Tribunal's order allowing the assessee to claim investment under Section 80IA for wind mills. The court upheld the Tribunal's decision in favor of the assessee.
The appeal was rejected; the order of the Tribunal was upheld.
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
FRIDAY ,THE 25TH DAY OF JANUARY 2019 / 5TH MAGHA, 1940
ITA.No. 386 of 2010
AGAINST THE ORDER/JUDGMENT IN ITA 127/2009 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 18-06-2010
APPELLANT/S:
THE COMMISSIONER OF INCOME TAX-I, COCHIN.
BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH SC FOR INCOME TAX
RESPONDENT/S:
SOUTH INDIA CORPORATION LTD. RANI MEYYAMMAI BUILDINGS,WILLINGTON ISLAND, KOCHI-3.
BY ADVS. SRI.K.ANAND (SR.) SMT.LATHA ANAND S.SRIDHAR
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 25.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ITA No.386/2010
J U D G M E N T
Vinod Chandran, J
This appeal is with respect to the assessee's eligibility to claim investment under Section 80IA with respect to the wind mills established by the assessee. The issue has already been considered by us and answered in favour of the assessee and against the revenue in ITA Nos.74 and 75/2008 by judgment dated 07.01.2019. Here the assessee's contentions were upheld by the Tribunal and the appeal is filed by the Revenue. Having already found the question raised in favour of the assessee and against the revenue, we reject the appeal answering the question in favour of the assessee upholding the order of the Tribunal. There is also another question as to whether Section 263 would lie as against the claim allowed under Section 80IA. We need not answer that
ITA No.386/2010
3
question since the issue on which the Commissioner invoked Section 263 has already been answered in
favour of the assessee.
The appeal would stand rejected.
Sd/K. Vinod Chandran, Judge
Sd/Ashok Menon, Judge
jma
ITA No.386/2010
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A COPY OF ASSESSMENT ORDER 143(3) DATED 28/12/2007 FOR THE ASSESSMENT YEAR 2005-06. ANNEXURE-B COPY OF THE ORDER U/S.263 DATED 2/2/2009 OF THE COMMISSIONER OF INCOME TAX. ANNEXURE-C COPY OF THE ORDER DATED 18/6/2010 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH ITA NO. 127/COCH/2009. ANNEXURE-D COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH FOR THE ASSESSMENT YEAR 2003-04 OF THE SOUTH INDIA CORPORATION LTD.
2 issues framed by the court
Whether the assessee is eligible to claim investment under Section 80IA with respect to wind mills established by them.
Whether Section 263 lies as against the claim allowed under Section 80IA.
2 provisions across 1 enactments
THE COMMISSIONER OF INCOME TAX-1, COCHIN
SOUTH INDIA CORPORATION LTD
K. VINOD CHANDRAN
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
