Ita/140/2013 Of The Commissioner Of Income Tax v. M/S. Apollo Tyres Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMASTHURSDAY, THE 29 DAY OF JULY 2021 / 7TH SRAVANA, 1943 ITA NO. 140 OF 2013 AGAINST THE ORDER IN ITA 299/2009 OF I.T.A.TRIBUNAL,COCHIN BENCH,ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX-1COCHIN BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)SRI.JOSE JOSEPH, SC, FOR INCOME TAX SRI CHRISTOPHER ABRAHAM RESPONDENT/S: M/S. APOLLO TYRES LIMITED6TH FLOOR, CHERUPUSHPAM BUILDINGS. SHANMUGHAM ROAD, KOCHI - 682 031. BY ADVS.SRI.V.ABRAHAM MARKOSSRI.ABRAHAM JOSEPH MARKOSSRI.ABRAHAM VARGHESE THARAKANSRI.BINU MATHEWSRI.JOSEPH MARKOSE SR.SRI.TOM THOMAS KAKKUZHIYIL THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 29.07.2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.T.A. No.140/2013 S.V. Bhatti, J. J U D G M E N T Heard learned Standing Counsel Mr. Christopher Abraham and learned Senior Counsel Mr. Joseph Markos for parties. 2. The Commissioner of Income Tax/Revenue is the appellant. M/s.Apollo Tyres Ltd., Kochi/Assessee is therespondent. Revenue aggrieved by the order of Income TaxAppellate Tribunal (for short 'Tribunal'), Cochin Bench in M PNo.91/Coch/2012 dated 21.12.2012 in ITA No.299/Coch/2009 hasfiled the instant appeal. The appeal deals with the reopening ofassessment for the Assessment Year 2003-04. Revenue filed ITANo.41/2011 and ITA No.69/2011 questioning the annulment ofreopening of assessment by the Tribunal in the respectiveorders challenged in those appeals. On 27.02.2019 the appealsfiled by the Revenue were dismissed. The following substantial I.T.A. No.140/2013 question of law is reframed, as the substantial questions framed at the time of admission of the appeal relate to the merits onthe entitlement of claim of assessee under Section 80-1A of theIncome Tax Act, 1961 (for short ‘the Act’): Whether the Tribunal is right in law in annulling thereopening proceedings and setting aside the order ofCIT (Appeals)? The question of law is answered in favour of the assessee and against the Revenue, by following the judgment dated27.02.2019 in ITA Nos.41 and 60/2011. The appeal standsdismissed. No order as to costs. Sd/- S.V.BHATTIJUDGE Sd/- BECHU KURIAN THOMASJUDGE jjj I.T.A. No.140/2013 PETITIONER ANNEXURE ANNEXURE A ANNEXURE B ANNEXURE C ANNEXURE D APPENDIX OF ITA 140/2013 COPY OF THE ASSESSMENT ORDER U/S. 143(3) R.W.S. 147DATED 12/12/2008 PASSED BY THE ASSESSING OFFICER FOR AY 2003-04. COPY OF CIT(A)'S ORDER NO.24/24/26 & 27/R-1/E/CIT-II/08-09 DATED 30/03/2009. COPY OF ITAT'S ORDER IN ITA NO.299/COCH/2009 DATED 27/07/2012. COPY OF THE ITAT'S ORDER MP NO.91/COCH/2012 DATED 21/12/2012 ARISING OUT OF ITA NO.299/COCH/2009 DATED 27/07/2012 FOR ASSESSMENT YEAR 2003-04.