The Supreme Court has agreed to consider the issue of dismissal of writ on the ground of delay can come in way for a party to file another plea involving similar contention.
In the Kerala High Court the assessee, M/s. Apollo Tyres Ltd Kochi has set up two in-house Research and Development (R&D) facilities, one at Perambra (Cochin) and another at Limda (Vadodara). The facilities are recognized by the Government of India, Ministry of Science and Technology, and Department of Scientific and Industrial Research (DSIR). The R&D facility at Perambra was granted recognition by DSIR in 1987 and the R&D facility at Limda was granted recognition in the year 2001.
The issue raised was whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in confirming the disallowance of deduction under Section 35(2AB) of the Income Tax Act.
The Kerala High Court held that the conclusion recorded against the assessee by the judgment in W.P.(C) No.13338/2009 bars the assessee from re-agitating the same issue in subject assessment proceedings. The request of the assessee was to give approval with effect from 01.04.2004. For available reasons, and now approved by the judgment in W.P.(C) No.13338/2009, it has been granted with effect from 01.04.2007 to 31.03.2010. This conclusion is confirmed by the Delhi High Court. The effort of the assessee again is in respect of the very same Assessment Year for which a different conclusion is attempted to be invited from this Court. The argument for weighted depreciation is rightly rejected by all the authorities under the Act.
The division bench of Justice A.M.Khanwilkar and Justice Ravi Kumar while issuing notice in SLP assailing Kerala High Court’s order said, “the fact that decision in the petitioner’s earlier petition had attained inality, will not come in the way of the petitioner because that petition was dismissed merely on the ground of delay.”
APOLLO TYRES LTD. VS THE ASSISTANT COMMISSIONER OF INCOME TAX
CITATION: 2022 TAXSCAN (SC) 104
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