Ita/137/2000 Of M/S.kerala Kala Theatre v. The Commissioner Of Incometax, Calicut

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 THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 ITA.No. 137 of 2000() --------------------- AGAINST THE ORDER DATED 23/08/1999 IN COCH. IN ITA.803/1995 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT : ----------------- M/S. KERALA KALA THEATRE, CALICUT. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN RESPONDENTS: ------------- THE COMMISSIONER OF INCOME TAX, CALICUT. BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. Ramachandran Nair &T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - I.T.A.NO.137 of 2000 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 10[th] day of January, 2008. JUDGMENT C.N. Ramachandran Nair, J. This appeal is filed challenging disallowance of the lease rent paid forthe theatre building on the ground that payment is after the expiry of thelease period. Learned counsel for the appellant submitted that the issuearose for the previous assessment year, i.e., 1989-90, wherein the matter,after remand by the Tribunal, was allowed by the assessing authority. Thedecision is stated to be accepted by the department, in as much as there is noproceedings initiated under Section 263 of the Act by the Commissioner ofIncome Tax. In the above circumstances, we allow the appeal, vacating the order ofthe Tribunal and directing the officer to allow the claim, if the same wasallowed for the previous assessment year. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) -2- C.N. Ramachandran Nair & & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - -I.T.A. No.137 of 2000- - - - - - - - - - - - - - - - - - - - - - JUDGMENT 10[th] January, 2008.