The Commissioner Of Income Tax vs Kancor Flavours & Extracts Ltd on 5 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 1802 of 2009()


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

                        Vs



1. KANCOR FLAVOURS & EXTRACTS LTD.,
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH, SC, FOR INCOME TAX

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :05/01/2010

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                               V.K.MOHANAN, JJ.
               ....................................................................
                        I.T. Appeal No.1802 of 2009
               ....................................................................
                Dated this the 5th day of January, 2010.

                                      JUDGMENT

Ramachandran Nair, J.

Question raised is whether the Tribunal was justified in

confirming the order of the C.I.T.(Appeal) cancelling the block

assessment for 1992-93 to 1997-98. After hearing Standing counsel

appearing for the appellant and on going through the Tribunal’s order,

we notice that income assessed in block assessment is nothing but

agricultural expenses wrongly allowed in regular assessment. We are

of the view that the lower authorities rightly held that the assessment is

not based on any material or information obtained in the course of

search as required under Section 158BB of the Income Tax Act.

2

Consequently we uphold the order of the Tribunal and dismiss the

departmental appeal.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
pms