Op/18811/1999 Of The Commissioner Of Incometax v. M/S.swapana Trust

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 MONDAY, THE 30TH JULY 2007 / 8TH SRAVANA 1929 OP.No. 18811 of 1999(S) ---------------------------------- ITA.487/COCH/1992 OF THE INCOME TAX APPELLATE.TRIBUNAL, COCHIN BENCH .................... PETITIONER: ------------------- THE COMMISSIONER OF INCOME-TAX,COCHIN BY STANDING COUNSEL, GOVT. OF INDIA (TAXES) SRI.P.K.R.MENON(SR.) & SRI.GEORGE K.GEORGE RESPONDENT: --------------------- M/S.SWAPNA TRUST,GIRINAGAR, COCHIN-16. THIS ORIGINAL PETITION HAVING COME UP FOR FINAL HEARING ON 30/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.T.SANKARAN, J. ------------------------------------------ O.P.No.18811 of 1999-S ------------------------------------------ Dated, this the 30[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.487 of 1992 dated 6[th] August, 1998 for the assessment year1984-85. The questions of law raised by the Revenue are as under: “1. Whether, on the facts and in the circumstances ofthe case, the Tribunal is right in law in holding that the orderu/s.201(1A) is barred by limitation? 2. Whether, on the facts and in the circumstances ofthe case, should not the Tribunal have calculated limitation forthe purpose of section 231 only from the date of the orderu/s.201(1A)?” (2) The Tribunal has rejected 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.487 of 1992 for the assessment year 1984-85. 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 arise O.P.No.18811/1999 in I.T.A.No.487 of 1992 dated 6[th] August, 1998 for the assessment year 1984-85. (4) Accordingly, the following: Order i) The petition is allowed. ii) A direction is issued to the Tribunal to state the case and refer thequestions of law that would arise in I.T.A.No.487 of 1992 dated 6.8.1998 forthe assessment year 1984-85 for consideration and decision by this Court, asexpeditiously as possible. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE vns (K.T.SANKARAN) JUDGE