The Commissioner Of Income Tax vs M/S Bhageeratha Engineering Ltd
2021 Latest Caselaw 13204 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                   &
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                           ITR NO. 194 OF 1997
 AGAINST THE ORDER/JUDGMENT IN ITA 164/1992 OF I.T.A.TRIBUNAL,COCHIN
                           BENCH, ERNAKULAM
PETITIONER/S:

           THE COMMISSIONER OF INCOME TAX
           COCHIN.

           BY ADV SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT

           BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT


RESPONDENT/S:

           M/S BHAGEERATHA ENGINEERING LTD.,
           132, PANAMPILLY AVENUE, COCHIN-16.

           BY ADVS.
           SMT.P.ANITHA
           SMT.P.ANITHA
           SMT.R.S.GEETHA, SR. ADV. T SREEDHARAN
           SRI.V.B.UNNIRAJ


OTHER PRESENT:

           SC CHRISTOPHER ABRAHAM., SR ADV. T. SREEDHARAN


      THIS INCOME TAX REFERENCE HAVING COME UP FOR HEARING ON
24.06.2021, ALONG WITH ITR.193/1997, 195/1997 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 ITR Nos.193 to 197/1997
                                         -2-




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                     &
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                             ITR NO. 193 OF 1997
   AGAINST THE ORDER/JUDGMENT IN ITA 404/1991 OF I.T.A.TRIBUNAL,COCHIN
                            BENCH, ERNAKULAM
PETITIONER/S:

            THE COMMISSIONER OF INCOME TAX,
            COCHIN.

            BY ADVS.
            SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT
            CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT


RESPONDENT/S:

            M/S BHAGEERATHA ENGINEERING LTD.,
            132, PANAMPILLY AVENUE, COCHIN-16.

            BY ADVS.
            SMT.P.ANITHA
            SMT.P.ANITHA
            SMT.R.S.GEETHA
            SRI.V.B.UNNIRAJ, SR. ADV. T SREEDHARAN


      THIS INCOME TAX REFERENCE HAVING COME UP FOR HEARING ON
24.06.2021, ALONG WITH ITR.194/1997 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 ITR Nos.193 to 197/1997
                                         -3-




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                     &
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                             ITR NO. 195 OF 1997
   AGAINST THE ORDER/JUDGMENT IN ITA 767/1992 OF I.T.A.TRIBUNAL,COCHIN
                            BENCH, ERNAKULAM
PETITIONER/S:

            THE COMMISSIONER OF INCOME TAX,
            COCHIN.

            BY ADVS.
            SRI.P.K.R.MENON(SR.),SC FOR IT
            CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT


RESPONDENT/S:

            M/S BHAGEERATHA ENGINEERING LTD.,
            132, PANAMPILLY AVENUE, COCHIN-16.

            BY ADVS.
            SMT.P.ANITHA
            SMT.P.ANITHA
            SMT.R.S.GEETHA
            SRI.V.B.UNNIRAJ, SR. ADV. T SREEDHARAN


      THIS INCOME TAX REFERENCE HAVING COME UP FOR HEARING ON
24.06.2021, ALONG WITH ITR.194/1997 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 ITR Nos.193 to 197/1997
                                         -4-




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                     &
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                             ITR NO. 196 OF 1997
   AGAINST THE ORDER/JUDGMENT IN ITA 579/1995 OF I.T.A.TRIBUNAL,COCHIN
                            BENCH, ERNAKULAM
PETITIONER/S:

            THE COMMISSIONER OF INCOME TAX ,
            COCHIN.

            BY ADVS.
            SRI.P.K.R.MENON(SR.),SC FOR IT
            CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT


RESPONDENT/S:

            M/S BHAGEERATHA ENGINEERING LTD.,
            132, PANAMPILLY AVENUE, COCHIN-16.

            BY ADVS.
            SMT.P.ANITHA
            SMT.P.ANITHA
            SMT.R.S.GEETHA
            SRI.V.B.UNNIRAJ, SR. ADV. T SREEDHARAN


      THIS INCOME TAX REFERENCE HAVING COME UP FOR HEARING ON
24.06.2021, ALONG WITH ITR.194/1997 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 ITR Nos.193 to 197/1997
                                         -5-




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                     &
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                             ITR NO. 197 OF 1997
   AGAINST THE ORDER/JUDGMENT IN ITA 929/1909 OF I.T.A.TRIBUNAL,COCHIN
                            BENCH, ERNAKULAM
PETITIONER/S:

            THE COMMISSIONER OF INCOME TAX,
            COCHIN.

            BY ADVS.
            SRI.P.K.R.MENON(SR.),SC FOR IT
            CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT


RESPONDENT/S:

            M/S BHAGEERATHA ENGINEERING LTD.,
            132, PANAMPILLY AVENUE, COCHIN-16.

            BY ADVS.
            SMT.P.ANITHA
            SMT.P.ANITHA
            SMT.R.S.GEETHA
            SRI.V.B.UNNIRAJ, SR. ADV. T SREEDHARAN


      THIS INCOME TAX REFERENCE HAVING COME UP FOR HEARING ON
24.06.2021, ALONG WITH ITR.194/1997 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 ITR Nos.193 to 197/1997
                                   -6-




                           ORDER

[ITR Nos.194/1997, 193/1997, 195/1997, 196/1997, 197/1997]

S.V. Bhatti, J.

These five I.T.Rs are before this Court by reference under

Section 256(1) of the Income Tax Act, 1961 (for short 'the Act').

The I.T.Rs relate to Assessment Years 1987-88 to 1991-92. The

I.T.Rs have been listed for hearing along with I.T.R. No.264/1997

of the same assessee for the year 1986-87. By a separate

judgment in I.T.R. No.264/1997 questions have been answered

in favour of assessee. The learned Counsel appearing for the

Department and the Assessee would state that the main

question in I.T.R. No.264/1997 is adoption of accounting

standards, treatment of deferred payment arrangement etc.

The questions of law now referred in the I.T.Rs substantially

cover the answer given by this Court on principle points of ITR Nos.193 to 197/1997

reference in I.T.R. No.264/1997 as well.

By referring to the answers given in I.T.R. No.264/1997,

the applicable questions of law are answered in favour of the

assessee and against the Revenue. A few other questions are

not pressed and after perusing the record, we are of the view

that these questions in fact having regard to the findings of fact

recorded by the Tribunal do not arise for our consideration.

The point is answered in favour of the assessee and against

the Revenue. I.T.R. Nos.193 to 197/1997 are dismissed.

Registry shall send the certified copy of this judgment to the

Income Tax Appellate Tribunal.

Sd/-

S.V.BHATTI JUDGE Sd/-

BECHU KURIAN THOMAS JUDGE

jjj ITR Nos.193 to 197/1997

APPENDIX OF ITR 193/1997

PETITIONER ANNEXURE

ANNEXURE A1 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1987-88 DATED 12/03/1990.

ANNEXURE A2 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1988-89 DATED 27/03/1991.

ANNEXURE A3 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1989-90 DATED 31/03/1992.

ANNEXURE A4 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1990-91 DATED 19/03/1993.

ANNEXURE A5 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1991-92 DATED 23/01/1994.

ANNEXURE B1 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1987-88 DATED 31/01/1991.

ANNEXURE B2 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1988-89 DATED 18/02/1991.

ANNEXURE B3 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1989-90 DATED 07/09/1992.

ANNEXURE B4 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1990-91 DATED 07/06/1993.

ANNEXURE B5 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1991-92 DATED 18/11/1994.

ITR Nos.193 to 197/1997

ANNEXURE C COPY OF THE ORDER OF THE TRIBUNAL DATED 29/03/1995.

ITR Nos.193 to 197/1997

APPENDIX OF ITR 195/1997

PETITIONER ANNEXURE

ANNEXURE A1 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1987-88 DATED 12/03/1990.

ANNEXURE A2 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1988-89 DATED 27/03/1991.

ANNEXURE A3 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1989-90 DATED 31/03/1992.

ANNEXURE A4 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1990-91 DATED 19/03/1993.

ANNEXURE A5 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1991-92 DATED 23/01/1994.

ANNEXURE B1 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1987-88 DATED 31/01/1991.

ANNEXURE B2 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1988-89 DATED 18/02/1991.

ANNEXURE B3 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1989-90 DATED 07/09/1992.

ANNEXURE B4 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1990-91 DATED 07/06/1993.

ANNEXURE B5 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1991-92 DATED 18/11/1994.

ITR Nos.193 to 197/1997

ANNEXURE C COPY OF THE ORDER OF THE TRIBUNAL DATED 29/03/1995.

ITR Nos.193 to 197/1997

APPENDIX OF ITR 196/1997

PETITIONER ANNEXURE

ANNEXURE A1 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1987-88 DATED 12/03/1990.

ANNEXURE A2 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1988-89 DATED 27/03/1991.

ANNEXURE A3 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1989-90 DATED 31/03/1992.

ANNEXURE A4 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1990-91 DATED 19/03/1993.

ANNEXURE A5 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1991-92 DATED 23/01/1994.

ANNEXURE B1 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1987-88 DATED 31/01/1991.

ANNEXURE B2 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1988-89 DATED 18/02/1991.

ANNEXURE B3 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1989-90 DATED 07/09/1992.

ANNEXURE B4 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1990-91 DATED 07/06/1993.

ANNEXURE B5 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1991-92 DATED 18/11/1994.

ITR Nos.193 to 197/1997

ANNEXURE C COPY OF THE ORDER OF THE TRIBUNAL DATED 29/03/1995.

ITR Nos.193 to 197/1997

APPENDIX OF ITR 197/1997

PETITIONER ANNEXURE

ANNEXURE D TRUE COPY OF THE ORDER OF THE TRIBUNAL DATED 22/11/2001.

ANNEXURE A1 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1987-88 DATED 12/03/1990.

ANNEXURE A2 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1988-89 DATED 27/03/1991.

ANNEXURE A3 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1989-90 DATED 31/03/1992.

ANNEXURE A4 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1990-91 DATED 19/03/1993.

ANNEXURE A5 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1991-92 DATED 23/01/1994.

ANNEXURE B1 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1987-88 DATED 31/01/1991.

ANNEXURE B2 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1988-89 DATED 18/02/1991.

ANNEXURE B3 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1989-90 DATED 07/09/1992.

ANNEXURE B4 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1990-91 DATED 07/06/1993.

ITR Nos.193 to 197/1997

ANNEXURE B5 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1991-92 DATED 18/11/1994.

ANNEXURE C COPY OF THE ORDER OF THE TRIBUNAL DATED 29/03/1995.

ITR Nos.193 to 197/1997

APPENDIX OF ITR 194/1997

PETITIONER ANNEXURE

ANNEXURE A1 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1987-88 DATED 12/03/1990.

ANNEXURE A2 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1988-89 DATED 27/03/1991.

ANNEXURE A3 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1989-90 DATED 31/03/1992.

ANNEXURE A4 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1990-91 DATED 19/03/1993.

ANNEXURE A5 COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 1991-92 DATED 23/01/1994.

ANNEXURE B1 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1987-88 DATED 31/01/1991.

ANNEXURE B2 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1988-89 DATED 18/02/1991.

ANNEXURE B3 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1989-90 DATED 07/09/1992.

ANNEXURE B4 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1990-91 DATED 07/06/1993.

ANNEXURE B5 COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEAR 1991-92 DATED 18/11/1994.

ITR Nos.193 to 197/1997

ANNEXURE C COPY OF THE ORDER OF THE TRIBUNAL DATED 29/03/1995.