IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 ITR.No. 89 of 1999() -------------------- AGAINST THE ORDER IN RA.201/COCH/97 IN ITA.282/COCH/1993 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT(S): -------------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI. JOSE JOSEPH RESPONDENT(S): --------------- THE VAIKUNDAM RUBBER CO.LTD., TRIVANDRUM. BY ADV. SRI.K.VINOD CHANDRAN THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 05/01/2009, ALONG WITH ITR NO. 90 TO 96 OF 1999 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & P.N. RAVINDRAN, JJ. -------------------------------------------- I.T.R. Nos. 89 to 96 of 1999 -------------------------------------------- Dated this the 5th day of January, 2009 JUDGMENT Ramachandran Nair,J. In all the Reference cases, first six of which are at the instance of the revenue, and the remaining two at the instance of the assessee, the question raised is whether reassessments completed under Section 147 of the I.T. Act for the assessment years 1967-68 to 1974-75 are time barred. The Tribunal relying on Section 150(2) of the Act allowed assessee's case for the first six years and for the remaining two years the Tribunal upheld the reassessments as within time. Therefore the question referred in the Reference Cases is one and the same, that is, whether all the reassessments involved in the particular years are barred by limitation or not. Counsel for both sides agree that the very same issue came up before this Court between the same parties in decision in CIT V. THE VAIKUNDAM RUBBER CO. LTD.,249 I.T.R. 19, wherein the issue has been answered in favour of the assessee. In fact reassessments were made to bring to tax interest on additional compensation awarded in land acquisition cases. In the original 2 assessments, interest was assessed on receipt basis. However, based on another decision of this Court, department made reassessments to assess interest on accural basis. However, this Court in assessee's case for subsequent years that is 1975-76 to 1997-78 held that limitation saved under Section 150(2) is to be computed with reference to the order appealed against which in this case is the order of the Tribunal on 1.3.1984. Going by the dates of reassessments given in the reference cases, reassessments are made only on 7.9.1991 which is beyond four years from 1.3.1984. In fact it is to be seen that even reassessment notices were served beyond the time limit. Consequently we dispose of the reference cases by answering the question reference in all the cases in favour of the assessee and against the revenue. A copy of this judgment, under the seal of the High Court and signature of Registrar-General, shall be forwarded to the Income tax Appellate Tribunal, Cochin Bench, for issuing consequential orders. (C.N.RAMACHANDRAN NAIR) Judge. (P.N. RAVINDRAN) Judge. kk 3