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 FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 ITA.No. 1502 of 2009() ---------------------- IT(S & S) A.46/COCH/2003 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- THE COMMISSIONER OF INCOME TAX (CENTRAL) COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT ------------------------ M.A.ASHRAF, MAHIMA JEWELLERY,ERNAKULAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- I.T.A. No. 1502 OF 2009 -------------------------------------------- Dated this the 21st day of August, 2009 JUDGMENT Ramachandran Nair, J. Since the issue raised is covered by the decision of the Supreme Court in CIT V. SURESH N. GUPTA, (2008) 297 ITR 322 (SC), following the said judgment, we allow the appeal by reversing the order of the Tribunal and that of the first appellate authority with direction to the assessing officer to recompute the surcharge liability based on the judgment above referred. The assessing officer will serve a copy of this judgment on the assessee along with notice proposing revision of assessment as directed above. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 2