The Principal Commissioner of Income Tax v. M/S Tanvest Properties

Kerala HC3 Mar 2021ITA/103/2016

Case brief

AI extract

What is this about?

Three revenue appeals filed against the Income Tax Appellate Tribunal's order were disposed of. The Court closed the appeals as respondents availed the Vivad Se Vishwas scheme, granting liberty to the appellant to recall the order if the scheme's conditions were not met.

What did the court decide?

Appeals closed with liberty to recall this order if Form No. III certificate could not be issued or if compliance with conditions is failed.

The Principal Commissioner of Income Tax Vs M/S… — Writ and Judicial Review | Kerala HC (2021)

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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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 S.V.BHATTI

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

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ITA.No.103 OF 2016

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AGAINST THE ORDER/JUDGMENT IN ITA 355/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH

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APPELLANT/S:

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THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI-2, C.R.BUILDINGS, I.S.PRESS ROAD,KOCHI - 682 018.

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BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI INCOME TAX DEPARTMENT

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RESPONDENT/S:

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M/S TANVEST PROPERTIES, (PAN AACFT9134G), FLAT NO. 12A, EXPRESS ESTATE, KALOOR, KOCHI -682 017.

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R1 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR R1 BY ADV. SRI.P.GOPINATH R1 BY ADV. SRI.K.JOHN MATHAI R1 BY ADV. SRI.JOSON MANAVALAN R1 BY ADV. SRI.KURYAN THOMAS R1 BY ADV. SRI.PAULOSE C. ABRAHAM R1 BY ADV. SRI.RAJA KANNAN

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THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03.03.2021, ALONG WITH ITA.107/2016, ITA.108/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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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 S.V.BHATTI

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

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ITA.No.107 OF 2016

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AGAINST THE ORDER/JUDGMENT IN ITA 441/2015 OF I.T.A.TRIBUNAL,COCHIN BENCH

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APPELLANT/S:

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THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI - 2, C.R.BUILDINGS, I.S.PRESS ROAD, KOCHI - 682 018.

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BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI INCOME TAX DEPARTMENT

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RESPONDENT/S:

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SIJI TONO, (PAN AAZPT3718R), FLAT NO.12A, EXPRESS ESTATE, KALOOR, KOCHI - 682 017.

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THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03.03.2021, ALONG WITH ITA.103/2016, ITA.108/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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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 S.V.BHATTI

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942 ITA.No.108 OF 2016

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AGAINST THE ORDER/JUDGMENT IN ITA 355/2014 DATED 05-02-2016 OF I.T.A.TRIBUNAL,COCHIN BENCH

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APPELLANT/S:

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THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI-2, C.R.BUILDING, I.S.PRESS ROAD, KOCHI682018.

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BY ADVS. SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEP SRI.K.M.V.PANDALAI INCOME TAX DEPARTMENT

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RESPONDENT/S:

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TONO THOMAS, (PAN ABPPT6266M), FLAT NO.12A, EXPRESS ESTATE, KALOOR, KOCHI-682017.

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THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03.03.2021, ALONG WITH ITA.103/2016, ITA.107/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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JUDGMENT

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[ ITA.103/2016, ITA.107/2016, ITA.108/2016 ] Dated this the 3rd day of March 2021

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S.V.Bhatti,J.

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Appeals are at the instance of revenue. The common order dated 05.02.2016 of Income Tax Appellate Tribunal, Cochin bench in I.T.A Nos.355/Coch/2014, 356/Coch/2014 and 441/Coch/2015 has assailed in the appeals.

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Adv.Raja Kannan referring to the instructions received from the respondent/assessee has stated that the assessee has availed the option now available to an assessee under 'Vivad Se Vishwas' Scheme and filed applications before the designated authority. These applications are being processed by the Department.

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3 . We take note of th e developments, place on record the statement of the respondent/assessee and we are of the view that the appeals need not be kept pending on the files of this Court

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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while other options to give quietus to the dispute is availed by the assessee and therefore, these appeals can be closed.

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Adv.Christopher Abraham appearing for the

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Department states that liberty may be preserved to the appellant/Department to seek recall of the instant order and revive the appeals to the original number, hear and dispose of the appeals on merits, in the event of the Department finding that the certificate in Form No.III could not be issued to the assessee/or the Department issues certificate in Form No.III and the assessee fails to comply with the condition imposed by the Department in certificate in Form No.III. According to him, the closure of appeals by this judgment ought not to prejudicially affect the interest of Department, if the challenge to the common order dated 05.02.2016 needs to be canvassed at a later point of time.

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The Advocate appearing for the assessee/respondent does not oppose the submission. Hence the following order:

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a) I.T.A Nos.103/2016, 107/2016 and 108/2016 are closed. b) Appellant is given liberty to file petition to recall the

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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instant order in the event either the Department finds that the certificate in Form No.III could not be issued to the assessee and/ or th e Department issues certificate in Form No.III and the assessee fails to comply with the condition imposed by the Department in certificate in Form No.III .

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Appeals are closed by granting the above liberty.

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Sd/-

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S.V.BHATTI JUDGE

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Sd/BECHU KURIAN THOMAS JUDGE

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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APPENDIX OF ITA 103/2016

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 31.12.2010.

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ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 3.3.2014 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-II, KOCHI.

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ANNEXURE C TRUE COPY OF THE COMMON ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL ON 5.2.2016.

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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APPENDIX OF ITA 107/2016

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 31.12.2010. ANNEXURE B TRUE COPY OF THE A APPELLATE ORDER DATED 9.6.2015 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)II, KOCHI.

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ANNEXURE C TRUE COPY OF THE COMMON ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL ON 5.2.2016.

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ITA.103/2016, ITA.107/2016, ITA.108/2016

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APPENDIX OF ITA 108/2016

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 31.12.2010. ANNEXURE B TRUE COPY OF THE A APPELLATE ORDER DATED 3.3.2014 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)II, KOCHI.

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ANNEXURE C TRUE COPY OF THE COMMON ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL ON 5.2.2016.

The Principal Commissioner of Income Tax v. M/S Tanvest Properties

Case brief

What is this about?

What did the court decide?

The Principal Commissioner of Income Tax v. M/S Tanvest Properties

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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