Op/16463/1994 Of The Commr. Of Incometax, Bangalore v. The Malabar Industrial Company

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. 16463 of 1994(S) ---------------------------------- AGAINST ORDER IN RA NO.125/1992 IN ITA NO.1073/1986 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH PETITIONER: ------------------- THE COMMISSIONER OF INCOME-TAX,KARNATAKA-I, BANGALORE. BY STANDING COUNSEL (INCOME TAX) MR.GEORGE K.GEORGE RESPONDENT: ---------------------- M/S.MALABAR INDUSTRIAL COMPANYLIMITED, BANGALORE. 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.16463 of 1994-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.1074 of 1986 dated 19.2.1992 for the assessment year 1985-86. (2) The Tribunal has dismissed the appeal filed by the Revenue. TheRevenue had filed an application under Section 256(1) of the Act requestingthe Tribunal to state the case and refer the questions of law that would arise inI.T.A.No.1074 of 1986 for the assessment year 1985-86. The Tribunal hasrejected the application. (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.1074 of 1986 dated 19.2.1992 for the assessment year 1985-86. (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.16463/1994 questions of law that would arise in I.T.A.No.1074 of 1986 dated 19.2.1992 forthe assessment year 1985-86 for consideration and decision by this Court, asexpeditiously as possible. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE vns (K.T.SANKARAN) JUDGE