Ita/71/2008 Of M/S.ideal Publication Trust v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 I.T.A.No. 71 of 2008 -------------------------------- ORDER DATED 14.1.2008 IN ITA.1181/2005 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN .................... APPELLANT/APPELLANT/ASSESSEE: ----------------------------------------------------- M/S.IDEAL PUBLICATION TRUST, SILVER HILLS, CALICUT, REPRESENTED BY ITS SECRETARY, V.A.ABDUL HAKIM. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENT/RESPONDENT/REVENUE: ---------------------------------------------------------- ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1 (1), KOZHIKODE. BY ADV.SRI.GEORGE K.GEORGE, STANDING COUNSEL FOR INCOME TAX THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- I.T.A.No.71 of 2008 ------------------------------------------ Dated, this the 22[nd] day of August, 2008 JUDGMENT H.L.Dattu, C.J. The question before the Income Tax Appellate Tribunal inthe appeal filed by the assessee was whether the assessee is eligible andentitled for the benefit of Section 11(4A) of the Income Tax Act. (2) The Tribunal following its earlier decision in I.T.A.No.199 of 1998 has rejected the claim of the assessee. (3) It appears that the assessee in I.T.A.No.199 of 1998 had approached this Court in I.T.A.No.41 of 2004. This Court while disposingof that matter by its orders dated 27.2.2008 has affirmed the orders passedby the Tribunal in I.T.A.No.199 of 1998 and has answered the legal issueagainst the assessee and in favour of the Revenue. (4) In the instant case, as we have already noticed, theTribunal while answering the issue canvassed by the assessee has merelyfollowed its earlier decision. (5) The learned counsel appearing for the appellant in thisappeal would submit that the Tribunal has not taken notice of certainsubsequent developments that have taken place and, therefore, the answerfurnished by the Tribunal is inappropriate and irregular, and, therefore, requests us to interfere with the orders passed by the Tribunal. We are notprepared to accept the submission made by the learned counsel appearingfor the assessee. As we have already stated, the Tribunal relying upon thedecision rendered by it in I.T.A.No.199 of 1998, has answered the legalissue against the assessee and that order of the Tribunal has become finalin the sense, this Court has affirmed the findings and conclusions reachedby the Tribunal in I.T.A.No.199 of 1998. If for any reason, the assessee isof the opinion that the Tribunal has not taken note of the subsequentdevelopments, the assessee has to file an appropriate petition before theTribunal for appropriate orders. (6) In that view of the matter we decline to entertain thisappeal. Accordingly, this appeal is disposed of. However, we grantliberty to the assessee, if it so desires, to make an appropriate petitionbefore the Tribunal for appropriate orders. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE vns (A.K.BASHEER) JUDGE