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 22ND JULY 2009 / 31ST ASHADHA 1931 ITA.No. 368 of 2009() --------------------- ITA.33/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT. ---------------------------------------- COMMISSIONER OF INCOME TAX, KOTTAYAM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT. -------------------------- ART LEASING LTD., CHENGANNUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T.Appeal No.368 of 2009 .................................................................... Dated this the 22nd day of July, 2009. JUDGMENT Ramachandran Nair, J. Since the question raised i.e. liability for interest tax on finance charges and hire charges is covered by our decision in C.I.T. V. KERALA STATE FINANCIAL ENTERPRISES LTD. (220 CTR 286) in favour of the Revenue, following the said judgment we allow the appeal by reversing the order of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer for recomputation of liability based on judgment abovereferred after giving opportunity to the assessee and after serving copy of this judgment to the assessee. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms