I.t.a v. Assistant Commissioner Ofincome Tax[1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 10TH DAY OF OCTOBER 2017/18TH ASWINA, 1939 ITA.No. 112 of 2016 () ----------------------- AGAINST THE ORDER/JUDGMENT IN ITA 2017/COCH/2015 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 06-05-2016 APPELLANT(S)/APPELLANT: ------------------------------- THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOCHI -1, INCOME TAX OFFICES, CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI - 682 018. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S)/RESPONDENT: ------------------------------------- M/S.JOY ALUKKAS (INDIA) PVT. LTD MARINE DRIVE, P.O., SHANMUGHAM ROAD, ERNAKULAM - 682 031. R. BY ADV. SRI.V.ABRAHAM MARKOS R. BY ADV. SRI.ABRAHAM JOSEPH MARKOS R. BY ADV. SRI.ISAAC THOMAS R. BY ADV. SRI.HARAN THOMAS GEORGE R. BY ADV. SRI.ABRAHAM CHANDAPILLAI P.G. R. BY ADV. SMT.RACHEL ABRAHAM R. BY ADV. SRI.JERIE RAMESH THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 10-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: : 2 : APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF ASSESSMENT ORDER U/S 143(3) DATED14.12.2011 FOR THE ASST. YEAR 2008-09.14.12.2011 FOR THE ASST. YEAR 2008-09. ANNEXURE B:COPY OF THE APPELLATE ORDER OF THE COMMISSIONER OFINCOME TAX (APPEALS)-1, KOCHI IN NO.105/R-1/E/CIT (A)/II/11-12 DATED 06.01.2015 FOR ASST. YEAR 2008-2009.INCOME TAX (APPEALS)-1, KOCHI IN NO.105/R-1/E/CIT (A)/II/11-12 DATED 06.01.2015 FOR ASST. YEAR 2008-2009. ANNEXURE C:COPY OF THE ORDER OF THE INCOME TAX APPELLATETRIBUNAL IN ITA 217/COCH/2015 DATED 06.05.2016.TRIBUNAL IN ITA 217/COCH/2015 DATED 06.05.2016. RESPONDENTS' ANNEXURES:NIL //TRUE COPY// P.A. TO JUDGE. ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ. ------------------------------------------- ------------------------------------------ Dated this the 10[th] day of October, 2017. JUDGMENT Antony Dominic,J. This appeal filed by the Revenue challenges the order passedby the Income Tax Appellate Tribunal, Cochin Bench in I.T.A. No.217/Coch/2015 dated 06.05.2016 concerning the assessment year 2008-2009 and the questions of law framed read as under: 1. Whether, on the facts and in the circumstances of thecase, the expenditure claimed by the assessee is capitalexpenditure or revenue expenditure?case, the expenditure claimed by the assessee is capitalexpenditure or revenue expenditure? 2. Whether, on the facts and in the circumstance of thecase, the Tribunal is right in law and fact in interferingwith the order of assessment?case, the Tribunal is right in law and fact in interferingwith the order of assessment? 2. We heard the learned Senior Counsel for the Revenue and the leaned Senior Counsel appearing for the assessee. 3. Having heard the learned counsel on both sides, we find that in the case of assessee itself, the very same issues arose forthe consideration of this Court for the assessment year 2007-2008and the questions have been answered in favour of the assessee vide I.T.A. No. 112/2016 judgment in Joy Alukkas India (P) Ltd., v. Assistant Commissioner ofIncome Tax[1]. In the light of the said judgment, answering the questions of lawin favour of the assessee and against the Revenue, this appeal isdisposed of. ANTONY DOMINIC, JUDGE. DAMA SESHADRI NAIDU, JUDGE. Rv