Ita/1420/2009 Of The Commissioner Of Income Tax, Cochin v. Swift Link Pvt.ltd., Kakkanad, Kochi

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 ITA.No. 1420 of 2009() ---------------------- ITA.176/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT ------------------------- M/S.SWIFT LINK (P)LTD, PLOT NO.43,CSEZ, KAKKANADU,ERNAKULAM-30. ADV. SRI.T.M.SREEDHARAN FOR R SRI.V.P.NARAYANAN FOR R SMT.C.K.SHERIN FOR R THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ALONG WITH ITA NOS.1388&1392 OF 2009 ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &P.S.GOPINATHAN, JJ. .................................................................... I.T. Appeal Nos.1420, 1388 & 1392 of 2009 ....................................................................Dated this the 22nd day of March, 2010. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel appearing for the appellant and Adv.Sri.T.M.Sreedharan appearing for the respondent-assessee. Samequestion is raised in the connected appeals filed against the very sameassessee. We notice that the main issue i.e. assessee's entitlement forexemption under Section 10A, was disallowed only on technicalground of non-filing of audited accounts along with the return. It isseen that the orders the Tribunal under challenge are passed in a secondround arising from revised assessments issued after remand in the firstround assessment. Assessee's eligibility for exemption was declared infirst appeal against original assessment. This is not contested by thedepartment and therefore, the Tribunal held that in the second roundappeals department cannot raise the said question. Further, it is thefinding of the two appellate authorities that delay in filing auditedaccounts should not lead to disentitlement of exemption which assessee is otherwise entitled as an export-oriented unit in the Cochin SpecialEconomic Zone. We do not find any substantial question of law arisingfrom the order of the Tribunal. Consequently the appeals aredismissed. C.N.RAMACHANDRAN NAIRJudge pms P.S.GOPINATHANJudge