Ita/125/2009 Of The Commissioner Of Income Tax, Kottayam v. Shri Chacko Thomas, Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 ITA.No. 125 of 2009() --------------------- 1TA.280/COCH/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, KOTTAYAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- CHACKO THOMAS, NAYATTUPARAMBIL HOUSE, AMALAGIRI P.O., KOTTAYAM. BY ADV. M/S.T.M.SREEDHARAN & SRI.V.P.NARAYANAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2009, ALONG WITH ITA NOS.,127, 128, 130, 135, 148 & 153 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR &V.K.MOHANAN, JJ. ---------------------------------------- I.T.A. Nos.125, 127, 128, 130, 135,148 & 153 of 2009 ---------------------------------------- Dated, 18[th] day of November, 2009 JUDGMENT Ramachandran Nair, J. Heard the Standing Counsel appearing for theappellant and Sri T.M. Sreedharan appearing for therespondent. 2. In these batch cases, the question raised by theappellant is whether the Tribunal was justified incancelling the reassessment made under section 147 ofthe I.T.Act as time barred. The alternate question raisedis whether the interest awarded by the Land Acquisitioncourt in the enhanced compensation granted formscapital gain which is exempt in this case because theland acquired is agricultural land outside the urban area.We notice that the cases pertain to the year 1983-84 to1989-90. The Tribunal rightly held that the reassessments are barred by limitation except for 1989-90. We do not propose to go into the merits of thesecases where the tax amount involved is below one lakhrupees. The current norms of the Department is not tofile appeal to High Court where the amount of taxinvolved is less than the threshold limit prescribed by theCBDT. We therefore dismiss all these appeals. C.N.RAMACHANDRAN NAIR JUDGE V.K.MOHANAN, JUDGE kvm/- I.T.A Nos.125/09 and Co.cases. -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..