Ita/205/2013 Of The Director Of Income Tax v. M/S.oman & Uae Exchange Centre

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 I.T.A.No.205 of 2013 ---------------------------- AGAINST THE ORDER IN ITA 528/2007 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 25-05-2012 APPELLANT/APPELLANT: ---------------------------------- THE DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION, CHENNAI BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT: --------------------------------------- M/S.OMAN & UAE EXCHANGE CENTRE & COMPANY. LLC LiAISON OFFICE, OPP.MAHARAJAS COLLEGE GROUND, M.G ROAD KOCHI 682 011 R1 BY ADV. SRI.JOSEPH MARKOSE (SR.) R1 BY ADV. SRI.V.ABRAHAM MARKOS R1 BY ADV. SRI.BINU MATHEW R1 BY ADV. SRI.TOM THOMAS (KAKKUZHIYIL) R1 BY ADV. SRI.ABRAHAM JOSEPH MARKOS R1 BY ADV. SRI.ISAAC THOMAS R1 BY ADV. SRI.NOBY THOMAS CYRIAC THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 06-08-2015, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S ANNEXURES: ANNEXURE A: TRUE COPY OF ORDER OF AUTHORITY FOR ADVANCERULING (AAR) DATED 26.5.2004. ANNEXURE B: TRUE COPY OF THE ASSESSMENT ORDER DATED22.12.2006. ANNEXURE C: TRUE COPY OF THE APPEAL MEMO DATED 1.1.2007. ANNEXURE D: TRUE COPY OF THE BOARD'S CIRCULAR. ANNEXURE E: TRUE COPY OF THE ORDER OF THE COMMISSIONER OFINCOME TAX (APPEALS) DATED 30.3.2007. ANNEXURE F: TRUE COPY OF THE ORDER OF THE INCOME TAXAPPELLATE TRIBUNAL DATED 25.5.2012. ANNEXURE G: TRUE COPY OF THE ORDER OF THE INCOME TAXAPPELLATE TRIBUNAL IN THE CASE OF WESTERN UNION FINANCIALSERVICES DATED 10.3.2006. // TRUE COPY // P.A. TO JUDGE ANTONY DOMINIC & SHAJI P. CHALY, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I.T.A.No.205 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6[th] day of August, 2015 Antony Dominic, J. JUDGMENT The issues raised in this appeal are covered against the Revenue inview of the judgment of the Delhi High Court in U.A.E. Exchange Centre Ltd..v. Union of India and another [313 ITR 94] However, taking note of thedirections of the judgment of this Court in ITA 352/10 and connected casesrendered on 19[th] December 2011, we clarify though we close this appeal inthe light of the Delhi High Court judgment, we leave it open to the Revenueto move an application before this Court for reopening the appeals in theevent the Supreme Court allows the SLP filed by the Revenue against thejudgment of the Delhi High Court. It is also clarified that in such an event,it would be open to both sides to argue the case on merits.Appeal is accordingly disposed of. Sd/- ANTONY DOMINIC JUDGE jes Sd/- SHAJI P. CHALY JUDGE