Ita/171/2008 Of The Commissioner Of Income-Tax, Tvm v. M/S.aswamedh Enterprises

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 ITA.No. 171 of 2008() --------------------- ITA.583/COCH/2005 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: -------------------- THE COMMISSIONER OF INCOME-TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- M/S.ASWAMEDH ENTERPRISES, PARAMESWAR NAGAR, KOLLAM. ADV. SRI.P.BALAKRISHNAN (E) FOR R1 SRI.MOHAN PULIKKAL FOR R1 SRI.K.C.KIRAN FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &K.SURENDRA MOHAN, JJ. ....................................................................I.T. Appeal No.171 of 2008 .................................................................... Dated this the 11th day of March, 2009. JUDGMENT Ramachandran Nair, J. Even though the question raised in the appeal filed by theRevenue stands decided against the assessee, the Supreme Courtdeclared the position after the proceedings completed under Section154. In other words, the matter was not free from controversy and itwas still a debatable issue as the on the date of rectification. Even ifappeal is allowed and matter remanded to the Tribunal, there is hardlyany chance of the matter being decided in favour of the Revenue. We,therefore, dismiss the appeal. C.N.RAMACHANDRAN NAIRJudge K.SURENDRA MOHANJudge