High Court Kerala High Court

The Commissioner Of Income Tax vs Sri.P.Gopalakrishnan Nair on 27 July, 2007

Kerala High Court
The Commissioner Of Income Tax vs Sri.P.Gopalakrishnan Nair on 27 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 23451 of 1999(S)



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

                        Vs

1. SRI.P.GOPALAKRISHNAN NAIR, TVM
                       ...       Respondent

                For Petitioner  :SRI.P.K.RAVINDRANATHA MENON (SR.)

                For Respondent  :SRI.THOMAS VELLAPPALLY

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :27/07/2007

 O R D E R
                             H.L.DATTU, C.J.   &   K.T.SANKARAN, J.

                                    ------------------------------------------

                                             O.P.No.23451 of 1999-S

                                    ------------------------------------------

                             Dated, this the   27th    day of July,  2007


                                            JUDGMENT

H.L.Dattu, C.J.

The Revenue has filed this petition under Section 256(2) of the Income

Tax Act, 1961 (‘Act’ for short), inter alia, requesting us to direct the Income Tax

Appellate Tribunal to state the case and refer the questions of law that would

arise in I.T.A.No.697 of 1995 dated 5th March, 1998 for the assessment year

1991-92. The questions of law raised by the Revenue are as under:

“1. Whether, on the facts and in the circumstances of

the case, the Tribunal is right in law and fact in deleting the

addition amounting to Rs.1,93,030/- which represented secured

advance received by the assessee during the preceding

previous year and claimed as a deduction?

2. Whether, on the facts and in the circumstances of

the case is not the order of the Tribunal, unsupported by

material, without independent consideration, based on the

submission of the Counsel and (to put in the language of the

Supreme Court in 233 ITR 166) perverse?”

(2) The Tribunal has allowed the appeal filed by the assessee. The

Revenue had filed an application under Section 256(1) of the Act requesting

the Tribunal to state the case and refer the questions of law that would arise in

I.T.A.No.697 of 1995 for the assessment year 1991-92. The Tribunal has

rejected the application.

(3) We have carefully perused the order passed by the Tribunal and

also the questions of law raised by the Revenue for consideration and decision

by this Court. In our opinion, the questions of law raised by the Revenue

require consideration by this Court. Therefore, a direction requires to be issued

O.P.No.23451/1999 2

to the Tribunal to state the case and refer the questions of law that would arise

in I.T.A.No.697 of 1995 dated 5.3.1998 for the assessment year 1991-92.

(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

questions of law that would arise in I.T.A.No.697 of 1995 dated 5.3.1998 for

the assessment year 1991-92 for consideration and decision by this Court, as

expeditiously as possible.

Ordered accordingly.

(H.L.DATTU)

CHIEF JUSTICE

(K.T.SANKARAN)

JUDGE

vns