The Commissioner Of Income Tax vs M/S.Swift Link (P)Ltd on 22 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 1420 of 2009()


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

                        Vs



1. M/S.SWIFT LINK (P)LTD, PLOT NO.43,CSEZ,
                       ...       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 P.S.GOPINATHAN

 Dated :22/03/2010

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                             P.S.GOPINATHAN, JJ.
               ....................................................................
              I.T. Appeal Nos.1420, 1388 & 1392 of 2009
               ....................................................................
                Dated this the 22nd day of March, 2010.

                                      JUDGMENT

Ramachandran Nair, J.

Heard Standing Counsel appearing for the appellant and Adv.

Sri.T.M.Sreedharan appearing for the respondent-assessee. Same

question is raised in the connected appeals filed against the very same

assessee. We notice that the main issue i.e. assessee’s entitlement for

exemption under Section 10A, was disallowed only on technical

ground of non-filing of audited accounts along with the return. It is

seen that the orders the Tribunal under challenge are passed in a second

round arising from revised assessments issued after remand in the first

round assessment. Assessee’s eligibility for exemption was declared in

first appeal against original assessment. This is not contested by the

department and therefore, the Tribunal held that in the second round

appeals department cannot raise the said question. Further, it is the

finding of the two appellate authorities that delay in filing audited

accounts should not lead to disentitlement of exemption which assessee

2

is otherwise entitled as an export-oriented unit in the Cochin Special

Economic Zone. We do not find any substantial question of law arising

from the order of the Tribunal. Consequently the appeals are

dismissed.

C.N.RAMACHANDRAN NAIR
Judge

P.S.GOPINATHAN
Judge
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