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.
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O.P.No.23451 of 1999-S
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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