Ita/39/2008 Of The Commissioner Of Income Tax, Tvm v. M/S.kallumoottil Jewellers, Pallimukku

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 ITA.No. 39 of 2008() -------------------- ITA.363/COCH/2006 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT: -------------------- THE COMMISSIOENR OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT: --------------- M/S.KALLUMOOTTIL JEWELLERS, PALLIMUKKU, KOLLAM. ADV. SRI.K.SUBASH CHANDRA BOSE FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &K.SURENDRA MOHAN, JJ.....................................................................I.T. Appeal No.39 of 2008 ....................................................................Dated this the 3rd day of March, 2009. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel for the appellant and counsel appearingfor the respondent-assessee. Question raised in the appeal filed by theRevenue is whether Tribunal is justified in cancelling an incomeescaping assessment to bring to tax escaped income of Rs.1,00,674/-for the assessment year 1998-99. The only basis of addition is theassessee's declaration of the same amount under VDIS for the year1987-88. The Tribunal has found that assessee has paid tax on thisamount under the VDIS with interest, even though certificate was notproduced. Department also has no material to show that this amount isescaped income of the assessment year 1998-99. In view of thefinding of fact entered by the Tribunal that the amount is subject toassessment under VDI Scheme and the present assessment is a double taxation of the same amount, we do not think there is any scope for interference with the order of the Tribunal. Appeal is accordinglydismissed. C.N.RAMACHANDRAN NAIRJudge pms K.SURENDRA MOHANJudge