IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 ITA.No. 920 of 2009() --------------------- ITA.19/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT. ---------------------------------------- THE COMMISSIONER OF INCOME-TAX, TRICHUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT. -------------------------- M/S. DEVAMATHA KURIES & FINANCE PVT.LTD, ARAFA BUILDING, CHURCH CIRCLE, TRICHUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T. Appeal No.920 of 2009 .................................................................... Dated this the 5th day of August, 2009. JUDGMENT Ramachandran Nair, J. Since deposits with the Post Office under the Indira Vikas Pathra and Kisan Vikas Pathra schemes are not loans or advances, Tribunal rightly deleted levy of interest tax on the interest received by the assessee on these deposits. The position is not different so far as default interest received in respect of defaulted kuries is concerned. We, therefore, uphold the order of the Tribunal and dismiss the department's appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms