Ita/746/2009 Of The Commissioner Of Income Tax v. The Catholic Syrian Bank Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 ITA.No. 746 of 2009() -------------------------- ITA.123/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT(S)/ APPELLANT --------------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S)/ RESPONDENT ------------------------------------- M/S. THE CATHOLIC SYRIAN BANK LTD., ST. MARY'S COLLEGE ROAD, THRISSUR. R1 BY ADVS. SRI.K.VINOD CHANDRAN SRI.K.P.ABDUL AZEES THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2010, ALONG WITH ITA.NO. 506/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------- I.T.A Nos. 746 & 506 of 2009 ------------------------------------------- Dated this the 20[th] October, 2010 JUDGMENT Ramachandran Nair, J. The question raised in these appeals is on the validityof the orders issued by the Commissioner under Section263 of the Income Tax Act directing revision ofassessments for making the disallowances under Section14(A) of the Act. The assessment was directed to berevised by the Commissioner based on retrospectiveamendment introduced under Section 14(A). However, inI.T.A.No.587 of 2009, this court, vide judgment dated14.1.2010 held that no assessment could be revised forany period prior to 1.4.2001. Since the assessmentinvolved in these cases relate to the period prior to1.4.2001, we dismiss the department appeals upholdingthe order of the tribunal declaring the impugned ordersinvalid. ita 746/09 & conn. The registry will attach a copy of the judgment in I.T.A.587 of 2009 to form part of this judgment. C.N.RAMACHANDRAN NAIR,JUDGE K.SURENDRA MOHAN JUDGE lgk