Ita/184/2013 Of The Commissioner Of Income Tax-I v. M/S.apollo Tyres Ltd

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. 184 OF 2013 AGAINST THE ORDER IN ITA 379/2009 OF I.T.A.TRIBUNAL,COCHIN BENCH,ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX-ICOCHIN. BY ADVS.SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTSRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/S: M/S.APOLLO TYRES LTD6TH FLOOR, CHERUPUSHPAM BUILDINGS, SHANMUGHAM ROAD, COCHIN-682 031 BY ADVS.SRI.V.ABRAHAM MARKOSSRI.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: J U D G M E N T S.V. Bhatti, J. Heard learned Standing Counsel Mr. Christopher Abrahamand 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. The subject appeal is at the instance of Revenuefrom the order of Income Tax Appellate Tribunal (for short 'theTribunal'), Cochin Bench in ITA No.379/Coch/2009 dated21.12.2012. The Tribunal, through the order under appeal,confirmed the order of CIT (Appeals) by holding that theassessee is entitled to claim deduction under section 80-IA ofthe Income Tax Act, 1961 (for short ‘the Act’) for the DG Power I.T.A. No.184/2013 Generation Units I and II as coming within the meaning of ‘undertaking’. The substantial questions of law raised are asfollows: “i.Whether, on the facts and in the circumstances ofthe case the Tribunal is right in law and fact in holdingthat DG Power Generation Units I and II constituted an‘undertaking’ under Section 80-IA of the Income TaxAct? iiWhether DG Power Generation Units I and II areentitled to the benefit of Section 80-IA of the IncomeTax Act?” 3.The Revenue filed ITA No.69/2011 and ITA No.70/2011 raising the very same substantial questions as raised in the instant appeal. ITA Nos. 69 and 70/2011 are filed for the Assessment Year 2002-03. On 27.02.2019 the appealsfiled by the Revenue were dismissed and answered the questionin favour of the assessee and against the Revneue. I.T.A. No.184/2013 4.By following the judgment of this Court dated27.02.2019 in ITA Nos.69 and 70/2011, the substantial questionsframed in the instant case are answered in favour of theassessee and against the Revenue. The appeal stands dismissed, accordingly. No order as tocosts. Sd/- S.V.BHATTIJUDGESd/- BECHU KURIAN THOMASJUDGE jjj I.T.A. No.184/2013 PETITIONER ANNEXURE ANNEXURE A ANNEXURE B ANNEXURE C APPENDIX OF ITA 184/2013 COPY OF THE ASSESSMENT ORDER U/S 143(3) RWS 147 DATED 12.12.2008 PASSED BY THE ASSESSING OFFICER FOR A6 2004-05 COPY OF THE CIT (A)S ORDER NO 24,25,26 & 27/R-/E/CIT-11/08-09 DATED 30.3.2009 COPY OF THE ITATS ORDER ITA NO 379/COCH/2009 DATED 21.12.2012 FOR ASSESSMENT YEAR 2004-05.