Ita/106/2001 Of The Commr. Of Income Tax, Chennal v. M/S.eastern Coffee & Curry Powder,Adimal

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 ITA.No. 106 of 2001() --------------------- ITS&S.A.23/COCH/1998 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT : ----------------- THE COMMISSIONER OF INCOME TAX, CENTRAL – 1, CHENNAI. BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENT/APPELLANT: ------------- M/S. EASTERN COFFEE & CURRY POWDER, ADIMALI.P.O., ADIMALI. BY ADV. SRI.P.BALACHANDRAN SMT.PREETHA S.NAIR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ.-------------------------I.T.A. No. 106 of 2001---------------------------------Dated, this the 21[st] day of January, 2008 J U D G M E N T C.N.Ramachandran Nair This department appeal is filed under Section 260A of the ITAct against the order of the Tribunal allowing the appeal againstblock assessment made against the assessee for the block periodcommencing from 01/04/1986 to 17/06/1996. Income is estimatedand assessed for all the years for the reason that assessee failed toexplain certain cash credits and trade credits in the accounts. Sincesome of the block assessments were quashed, Department hadmade re-assessments for the corresponding assessment years1987-88 to 1991-92 and 1993-94. It is now conceded before thisCourt that all those assessments were ultimately cancelled by theTribunal by holding that re-assessments for the years 1987-88 and1988-89 are time barred. So far as additions made in theassessments for the assessment years 1989-90 to 1991-92 and1993-94 are concerned, the additions were deleted after acceptingthe explanation offered by the assessee on the cash credits andtrade credits. Since the Income Tax Appellate Tribunal, CochinBench has decided the issue on merits, which is accepted by the ITA 106/2001 -2- Department, it cannot press the appeal for those years. So far asthe tax involved for the block period 1987-88 and 1988-89, creditsinvolved are very low. We, therefore, dismiss the appeal asinfructuous. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jg