The Commissioner Of Income Tax vs The Federal Bank Ltd on 16 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 1224 of 2009()


1. THE COMMISSIONER OF INCOME TAX, COCHIN.
                      ...  Petitioner

                        Vs



1. THE FEDERAL BANK LTD.,
                       ...       Respondent

                For Petitioner  :SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)

                For Respondent  :SRI.JOSEPH KODIANTHARA

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :16/11/2010

 O R D E R
   C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ.
            ----------------------------------
                      ITA No.1224 of 2009
            ---------------------------------
           Dated, this the 16th day of November, 2010

                           J U D G M E N T

Ramachandran Nair, J.

The first question raised pertains to disallowance under

Section 14A. By virtue of the proviso to Section 14A, completed

assessment can not be reopened for any assessment year prior to

2001. Since the assessment pertains to the year 2000-01, its

reopening done is not permissible under the statute. So much so,

we reject the appeal filed by the Revenue on this issue.

2. So far as the other item is concerned, the appeal is filed

against a remand order issued by the Tribunal. We do not find any

ground to interfere with the remand orders issued by the Tribunal.

Consequently, this appeal is dismissed on both grounds.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(BHABANI PRASAD RAY, JUDGE)

jg