IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WA.No. 110 of 2010 ---------------------------- [AGAINST THE JUDGEMENT IN W.P.(C).NO.25522/2009 DATED 05/11/2009] .................... APPELLANT: ------------------- M/S. EUREKA FORBES LIMITED, DOOR NO. 32/1787-A5, TUTUS TOWER, N.H. 47, BYEPASS ROAD, PADIVATTOM, KOCHI – 682 024, REPRESENTED BY ITS ASSISTANT MANAGER-ACCOUNTS MR. RAJENDRAN.P. BY ADVS. SRI.ANIL D. NAIR, SRI.NIVEDITA A.KAMATH. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. ASSISTANT COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE-II, ERNAKULAM. 2. FAST TRACK TEAM, COMMERCIAL TAX DEPARTMENT, ERNAKULAM. 3. INSPECTING ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, (TAXATION), SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 TO R4 BY GOVT. PLEADER SRI. MOHAMMED RAFFIQ. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.A.No.110 of 2010 ============================================ Dated this the 10th day of February, 2010. JUDGMENT Ramachandran Nair, J. 1.The question raised in the writ appeal filed by the assessee is whether the single Judge was justified in remanding the assessment back to the Fast Track Team for completion of assessment. 2.We do not enter into the merits of the case because, connected tax revision cases were remanded to the assessing officer and since the issue involved in this case also is one and the same, we dispose of this writ appeal by remanding the assessment for the years 1999-2000 and 2002- 03 to the assessing officer for assessment under Section 17(3) of the Act. The assessment already completed will stand vacated. The assessing WA.110/10 -:2:- officer will complete the assessment within three months from the date of receipt of a copy of this judgment. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.