Itr/1/2021 Of Accelaerated Freeze Drying Co. Limited v. The Commissioner Of Income Tax
High Court
10 Mar 2022 In favour of: Revenue
Forum / Bench
High Court · highcourtofkerala
Parties
Itr/1/2021 Of Accelaerated Freeze Drying Co. Limited v. The Commissioner Of Income Tax
Date of order
10 Mar 2022
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Itr/1/2021 Of Accelaerated Freeze Drying Co. Limited v. The Commissioner Of Income Tax, the High Court (2022) dismissed the appeal. The decision went in favour of the Revenue.
Issue: The matter was listed on 22.02.2022 and adjourned at the request of learned Standing Counsel Mr Jose Joseph to ascertain whether the Circular issued on litigation policy is applicable to cases referred as well.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 10 DAY OF MARCH 2022 / 19TH PHALGUNA, 1943
ITR NO. 1 OF 2021
AGAINST THE ORDER IN RA 354/1995 OF I.T.A.TRIBUNAL,COCHIN BENCH PETITIONER/S:
ACCELAERATED FREEZE DRYING CO. LIMITED EZHUPUNNA
BY ADV SC JOSE JOSEPH
RESPONDENT/S:
THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM
BY ADVS. ANIL D. NAIR TELMA RAJU EDATHARA VINEETA KRISHNAN ARAVIND SREEKUMAR
OTHER PRESENT:
SC JOSE JOSEPH FOR THE PETITIONER
THIS INCOME TAX REFERENCE HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.V. Bhatti, J.
J U D G M E N T
The Reference is at the instance of the Revenue. The
matter was listed on 22.02.2022 and adjourned at the request of learned Standing Counsel Mr Jose Joseph to ascertain whether
the Circular issued on litigation policy is applicable to cases referred as well. Circular No.3/2018 dated 11.07.2018 of CBDT is
placed before us. Paragraph 12 deals with references and reads thus:
“…. Similarly, references to High Courts and SLPs/appeals before Supreme Court below the monetary limit of Rs. 50 lakhs and Rs. 1 crore respectively should be pursued for dismissal as withdrawn/not pressed. References before High Court and SLPs/appeals below these limits may not be considered henceforth.”
The above Circular is placed on record. Accordingly, I.T.R. stands dismissed.
Sd/- S.V.BHATTI JUDGE
Sd/- BASANT BALAJI JUDGE
jjj
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