Op/14094/1998 Of Commissoner Of Income Tax,Tvm v. T.m.constructions

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 OP.No. 14094 of 1998(S) ---------------------------------- AGAINST THE ORDER DATED 22/01/1997 IN RA.290(COCH)/97 IN ITA.563/1992 OF INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH .................... PETITIONER: ------------------ THE COMMISSIONER OF INCOMETAX, TRIVANDRUM. BY STANDING COUNSEL, GOVT. OF INDIA (TAXES) SRI.P.K.RAVINDRANATHA MENON (SR.) & SRI.GEORGE K.GEORGE RESPONDENT: ---------------------- M/S.T.M.CONSTRUCTIONS, GOVINDAVILASAM, NEAR REST HOUSE, KOTTARAKKARA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.T.SANKARAN, J. ------------------------------------------ O.P.No.14094 of 1998-S ------------------------------------------ Dated, this the 25[th] day of July, 2007 JUDGMENT H.L.Dattu, C.J. The Revenue has filed this petition under Section 256(2) of the IncomeTax Act, 1961 ('Act' for short), inter alia, requesting us to direct the Income TaxAppellate Tribunal to state the case and refer the questions of law that wouldarise in I.T.A.No.563 of 1992 dated 10.9.1997 for the assessment year 1988-89. (2) The Tribunal has allowed the assessee's appeal. The Revenue hadfiled an application under Section 256(1) of the Act requesting the Tribunal tostate the case and refer the questions of law that would arise in I.T.A.No.563 of1992 for the assessment year 1988-89. The Tribunal has rejected theapplication. (3) We have carefully perused the order passed by the Tribunal andalso the questions of law raised by the Revenue for consideration and decisionby this Court. In our opinion, the questions of law raised by the Revenuerequire consideration by this Court. Therefore, a direction requires to be issuedto the Tribunal to state the case and refer the questions of law that would arisein I.T.A.No.563 of 1992 for the assessment year 1988-89. (4) Accordingly, the following: Order i) The petition is allowed. ii) A direction is issued to the Tribunal to state the case and refer the O.P.No.14094/1998 questions of law that would arise in I.T.A.No.563 of 1992 dated 10,9.1997 forthe assessment year 1988-89 for consideration and decision by this Court, asexpeditiously as possible. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE vns (K.T.SANKARAN) JUDGE