Ita/166/2013 Of M/S.apollo Tyres Ltd v. The Deputy Commissioner Of Income-Tax

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. 166 OF 2013 AGAINST THE ORDER IN ITA 719/2007 OF I.T.A.TRIBUNAL,COCHIN BENCH,ERNAKULAM APPELLANT/S: M/S.APOLLO TYRES LTD6TH FLOOR, CHERUPUSHPAM BUILDINGS, SHANMUGHAM ROAD, ERNAKULAM-KOCHI-31. (PAN:AAACA 6990Q) BY ADVS.SRI.JOSEPH MARKOSE (SR.)SRI.V.ABRAHAM MARKOSSRI.ABRAHAM JOSEPH MARKOSSRI.BINU MATHEWSRI.TOM THOMAS KAKKUZHIYIL RESPONDENT/S: THE DEPUTY COMMISSIONER OF INCOME-TAXCIRCLE-1(1) ERNAKULAM, KOCHI - 682 018. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)SRI.JOSE JOSEPH, SC, FOR INCOME TAX SRI CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 29.07.2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T S.V. Bhatti, J. Heard learned Senior Counsel Mr. Joseph Markos andlearned Standing Counsel Mr. Christopher Abraham for parties.2. M/s.Apollo Tyres Ltd., Kochi/Assessee is theappellant. The Deputy Commissioner of Income Tax/Revenue isthe respondent. The subject appeal is at the instance ofAssessee from the order of Income Tax Appellate Tribunal (forshort ‘the Tribunal') Cochin Bench in ITA No.719/Coch/2007dated 21.12.2012. The controversies relate to the AssessmentYear 2004-05. The appeal deals with the questions ofdisallowance made by the Tribunal towards the expenditureincurred by the assessee for refurbishing the showroom for the I.T.A. No.166/2013 -3- purpose of promoting the sales and disallowance of part of depreciation of Gurgaon building. 2.1The substantial questions read as follows: “Whether on the facts and in the circumstances of the case, theTribunal is justified in law inTribunal is justified in law in 1) In holding the expenditure of Rs.63.26.616 incurred by theassessee in the showroom of its dealers for the purpose ofpromoting the sale of products of the company as capitalexpenditure on the ground that ownership of these assets wasretained by the assessee. 2) In sustaining the disallowance of part depreciation ofGurgaon building aggregating to Rs.24.37.755/- in relation to letout portion to Apollo International Ltd etc. 3.The assessee, raising similar questions of law, filed ITA No.26/2013 for the Assessment Year 2003-04. By a separate order dated 29.07.2021 the appeal has been dismissed. Thereasons stated in ITA No.26/2013 are adopted while considering and disposing of the substantial questions framed in this appeal as well. I.T.A. No.166/2013 Hence, the questions are answered in favour of theRevenue and against the assessee. Appeal fails, dismissedaccordingly. No order as to costs. Sd/- S.V.BHATTIJUDGESd/- BECHU KURIAN THOMASJUDGE jjj PETITIONER ANNEXURE ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 APPENDIX OF ITA 166/2013 TRUE COPY OF ASSESSMENT ORDER DATED 30/10/2006 OF THE RESPONDENT. TRUE COPY OF APPELLATE ORDER DATED 31/5/2007 OF THE COMMISSIONER OF INCOME TAX (APPEALS)II, KOCHI. CERTIFIED COPY OF ORDER DATED 21/12/2012 OF THE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH IN I.T.A.NO.719/COCH/2007.