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2025 Supreme(Online)(Ker) 51926

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
ASPINWALL AND COMPANY LIMITED – Appellant
Versus
THE COMMISSIONER OF INCOME TAX – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN
For the Respondents: SRI.JOSE JOSEPH

JUDGMENT

Harisankar V. Menon, J This appeal under Section 260A of the Income Tax Act , 1961 (hereinafter referred to as the ‘Act’ for short), at the instance of the assessee, seeks to challenge the order dated 19.05.2020 in I.T.A.No.61/COCH/2015 of the Income Tax Appellate Tribunal, Cochin Bench with respect to the assessment year 2006-07 relevant to the financial year 2005-06.

2. The appellant-assessee’s return of income was processed under Section 143 (3) of the Act, invoking the provisions of Section 115JB of the Act providing for Minimum Alternate Tax (MAT) computation, thereby adding back: - i. provision for diminution in the value of investment -Rs.1,45,18,200/-

ii. provision for lease rent Rs.61,00,000/-

iii. provision for doubtful debts Rs.36,55,248/-

The appeal against the afore MAT computation before the first appellate authority being unsuccessful, a second appeal was instituted before the Tribunal. The appellate Tribunal has also confirmed the assessment as above, on account of which the appellant-assessee is in appeal before this Court, with respect to the add-back as against Serial Nos.(i) and (ii) alone.

3. The following questions of law arise for consideration in this

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