Ita/1386/2009 Of The Commissioner Of Income Tax, Trichur v. M/S.trichur District Private Bus Operato
High Court
01 Nov 2010 In favour of: Assessee
Forum / Bench
High Court · highcourtofkerala
Parties
Ita/1386/2009 Of The Commissioner Of Income Tax, Trichur v. M/S.trichur District Private Bus Operato
Date of order
01 Nov 2010
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Ita/1386/2009 Of The Commissioner Of Income Tax, Trichur v. M/S.trichur District Private Bus Operato, the High Court (2010) dismissed the appeal. The decision went in favour of the assessee.
Decision: In this case sincethe tax effect is less than this amount, we dismiss the appeal filed bythe Revenue as not maintainable.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE B.P.RAY
MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932
ITA.No. 1386 of 2009()
----------------------
AGAINST THE ORDER DATED 20/02/2008 IN ITA.915/COCH/2007
of I.T.A.TRIBUNAL,COCHIN BENCH
....................
APPELLANT/APPELLANT
---------------------------------------
THE COMMISSIONER OF INCOME TAX,
TRICHUR.
BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)
SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT/RESPONDENT
-------------------------
M/S. TRICHUR DISTRICT PRIVATE BUS
OPERATORS ASSOCIATION & WELFARE SCHEME,
WEST PALACE ROAD, TRICHUR.
ADV. SRI.P.BALAKRISHNAN (E) FOR R1
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD
ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
C.N.RAMACHANDRAN NAIR &BHABANI PRASAD RAY, JJ.
.................................................................... I.T. Appeal No.1386 of 2009
....................................................................Dated this the 1st day of November, 2010.
JUDGMENT
Ramachandran Nair, J.
By virtue of Instruction No.5/2008 dated 15.5.2008, the appeal ismaintainable only if tax effect is above Rs.4 lakhs. In this case sincethe tax effect is less than this amount, we dismiss the appeal filed bythe Revenue as not maintainable.
C.N.RAMACHANDRAN NAIRJudge
BHABANI PRASAD RAYJudge
pms
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