IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 ITA.No. 893 of 2009() --------------------- ITA.35/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT. ---------------------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT. -------------------------- M/S. FEDERAL BANK LTD., ALUVA. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ALONG WITH ITA NOS.961 & 997 OF 2009 ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal Nos.893,961 & 997 of 2009 .................................................................... Dated this the 29th day of September, 2009. JUDGMENT Ramachandran Nair, J. First issue raised in these appeals pertain to department's claim to tax interest on Government securities. Even though assessment was made stating that income in fact accrued, Tribunal has entered the finding that the Government securities are not due for encashment and the RBI has not credited interest in assessee's account. Therefore, in our view, the Tribunal's finding that income in fact had not accrued to the assessee does not warrant any interference in appeal by us. Consequently appeals on this issue are rejected. The other issue pertaining to Section 80 M of the Income Tax Act stands decided against the department vide decision of this court in I.T.A. 2 No.209/2001 which is confirmed by the Supreme Court. Consequently we dismiss all the three appeals filed by the Revenue. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms