Ita/493/2009 Of The Commissioner Of Income Tax, Trichur v. The Pharmaceautical Corporation Ltd
High Court
11 Nov 2009 In favour of: Assessee
Forum / Bench
High Court · highcourtofkerala
Parties
Ita/493/2009 Of The Commissioner Of Income Tax, Trichur v. The Pharmaceautical Corporation Ltd
Date of order
11 Nov 2009
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Ita/493/2009 Of The Commissioner Of Income Tax, Trichur v. The Pharmaceautical Corporation Ltd, the High Court (2009) dismissed the appeal. The decision went in favour of the assessee.
Issue: The question raised in the connected appeals filed by the revenueagainst the very same respondent is whether the Tribunal was justifiedin ordering payment of interest under Section 244A to the respondentfor the excess assessed tax paid under Section 140A of the I.T.
Decision: We therefore follow thesaid judgment and dismiss the appeal.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931
ITA.No. 493 of 2009()
---------------------
ITA.844/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH
....................
APPELLANT
-----------------------------
THE COMMISSIONER OF INCOME TAX, TRICHUR.
BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX
RESPONDENT(S):
---------------
THE PHARMACEUTICAL CORPORATION (IM)
KERALA LTD., THRISSUR.
ADV. SRI.V.KRISHNA MENON FOR R1
SMT.P.VIJAYAMMA FOR R1
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD
ON 11/11/2009, ALONG WITH ITA NO. 536 OF 2009
THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
C .N. RAMACHANDRAN NAIR &V.K. MOHANAN, JJ.
--------------------------------------------
I. T. A. No. 493 & 536 OF 2009
--------------------------------------------
Dated this the 11th day of November, 2009
JUDGMENT
Ramachandran Nair, J.
The question raised in the connected appeals filed by the revenueagainst the very same respondent is whether the Tribunal was justifiedin ordering payment of interest under Section 244A to the respondentfor the excess assessed tax paid under Section 140A of the I.T. Act forthe years 1997-98 and 1998-99. Even though senior counsel for therevenue advanced extensive arguments canvassing for the propositionthat excess self-assessed tax paid under Section 140A over the assessedtax will not entitle the assessee for interest from the date of payment,we find that the issue is squarely covered against the revenue by asingle Judge judgment by one of us (Ramachandran Nair, J.) in WPCNo. 26052 of 2004 dated 5.12.2008. After hearing both sides and aftergoing through the said judgment we do not find any ground to deviatefrom the findings rendered in the judgment. We therefore follow thesaid judgment and dismiss the appeal. Registry will attach a copy of
the judgment in WPC 26052 of 2004 to form part of this judgment.
(C.N.RAMACHANDRAN NAIR)
Judge.
(V.K. MOHANAN)
Judge.
kk
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