IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 ITA.No. 26 of 1999() -------------------- AGAINST ORDER IN ITA.158/COCH/1992 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT / APPELLANT -------------------- THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1, TRICHUR. BY ADV. SRI.P.K.RAVINDRANATHA M ENON, SENIOR ADVOCATE SRI.GEORGE K. GEORGE RESPONDENT(S): / RESPONDENT --------------- M/S. DHARMODAYAM CO., TRICHUR. ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.P.GOPINATH FOR R1 SMT.PREETHA S.NAIR FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- I.T.A. No.26 of 1999 --------------------------------- Dated, this the 23rd day of May, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned Standing Counsel appearing for the appellant and learned counsel appearing for the respondent assessee. The question raised is with regard to the year in which the profit on terminated curies have to be assessed. In this case, income from the terminated curies have been returned and assessed subsequently. Further the issue stands decided in favour of the assessee by a decision of this Court in Commissioner of Income Tax v. Trichur Kuries Syndicate Limited, reported in 211 ITR 365. In the circumstances, we do not find any ground to interfere with the order of the Tribunal. Consequently, this Income Tax Appeal is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg