Op/26517/1999 Of The Commisssioner Of Income Tax v. K.j.marykutty

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 TUESDAY, THE 31ST JULY 2007 / 9TH SRAVANA 1929 O.P.No.26517 of 1999(S) ---------------------------------- R.A.NO.69(COCH)/98 IN I.T.A.400/COCH/1996 OF 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 RESPONDENTS: ---------------------- 1. SMT.K.J.MARYKUTTY, KOITHARA HOUSE, KADAVANTHRA, COCHIN. (DIED) KADAVANTHRA, COCHIN. (DIED) ADDL. 2. SEBI JOSEPH, LEGAL HEIR AND EXECUTOR, KOITHARA HOUSE (WEST), KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. KOITHARA HOUSE (WEST), KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. 3. SABU JOSEPH, KOITHARA HOUSE (WEST) KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. 4. SAJAN JOSEPH, KOITHARA HOUSE (WEST) KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. 5. SINDHU JOSEPH, KOITHARA HOUSE (WEST) KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. KOITHARA ROAD, KOCHUKADAVANTHARA, KOCHI-36. (ADDL.RESPONDENTS 2 TO 5 ARE IMPLEADED AS PER ORDER DATED 31.7.2007 IN I.A.NO.10066/2007) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & K.T.Sankaran, J. ------------------------------------------------------- O.P.No.26517 of 1999-S --------------------------------------------------------- Dated, this the 31[st ] day of July, 2007 JUDGMENT H.L.Dattu, C.J. I.A.No.10066 of 2007, the application for impleading the legalheirs of deceased 1[st] respondent-assessee is allowed. (2) The Revenue has filed this Original Petition under Section256(2) of the Income Tax Act, 1961 ('Act' for short), inter alia, requesting us todirect the Income Tax Appellate Tribunal to state the case and refer thequestions of law that would arise in I.T.A.No.400/Coch)/1996 dated 27[th]October, 1997 for the assessment year 1985-86. The questions of law raised by the Revenue are as under: “1. Whether, on the facts and in the circumstances ofthe case is not the order sheet entry “as such the proceedingsinitiated are hereby dropped” an order? 2. Whether, on the facts and in the circumstances ofthe case and the Commissioner of Income-tax beingempowered to call for and examine the records of anyproceedings under the Act, the Tribunal is right in law inannulling the revisional order setting aside the order “droppedproceedings”? (3) The Tribunal has rejected the appeal filed by the Revenue. The Revenue had filed an application under Section 256(1) of the Actrequesting the Tribunal to state the case and refer the questions of law thatwould arise in I.T.A.No.400/Coch)/1996 for the assessment year 1985-86. TheTribunal has rejected the application. (4) We have carefully perused the order passed by the Tribunaland also the questions of law raised by the Revenue for consideration anddecision by this Court. In our opinion, the questions of law raised by the Revenue require consideration by this Court. Therefore, a direction requires tobe issued to the Tribunal to state the case and refer the questions of law thatwould arise in I.T.A.No.400/Coch)/1996 dated 27[th] October, 1997 for theassessment year 1985-86. (5) 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.400/Coch)/1996 dated 27[th]October, 1997 for the assessment year 1985-86 for consideration and decisionby this Court, as expeditiously as possible. Ordered accordingly. H.L.Dattu Chief Justice vku/- K.T.Sankaran Judge