IN THE HIGH COURT OF KERALA AT ERNAKULAM
ITA.No. 125 of 2009()
1. THE COMMISSIONER OF INCOME TAX,
... Petitioner
Vs
1. CHACKO THOMAS,
... Respondent
For Petitioner :SRI.JOSE JOSEPH, SC, FOR INCOME TAX
For Respondent :SRI.T.M.SREEDHARAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :18/11/2009
O R D E R
C.N. RAMACHANDRAN NAIR &
V.K.MOHANAN, JJ.
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I.T.A. Nos.125, 127, 128, 130, 135,
148 & 153 of 2009
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Dated, 18th day of November, 2009
JUDGMENT
Ramachandran Nair, J.
Heard the Standing Counsel appearing for the
appellant and Sri T.M. Sreedharan appearing for the
respondent.
2. In these batch cases, the question raised by the
appellant is whether the Tribunal was justified in
cancelling the reassessment made under section 147 of
the I.T.Act as time barred. The alternate question raised
is whether the interest awarded by the Land Acquisition
court in the enhanced compensation granted forms
capital gain which is exempt in this case because the
land acquired is agricultural land outside the urban area.
We notice that the cases pertain to the year 1983-84 to
1989-90. The Tribunal rightly held that the
I.T.A Nos.125/09 and Co.cases.
-:2:-
reassessments are barred by limitation except for 1989-
90. We do not propose to go into the merits of these
cases where the tax amount involved is below one lakh
rupees. The current norms of the Department is not to
file appeal to High Court where the amount of tax
involved is less than the threshold limit prescribed by the
CBDT. We therefore dismiss all these appeals.
C.N.RAMACHANDRAN NAIR
JUDGE
V.K.MOHANAN,
JUDGE
kvm/-
I.T.A Nos.125/09 and Co.cases.
-:3:-
V.K.MOHANAN, J.
O.P.No.
JUDGMENT
Dated:..