IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 ITR.No. 157 of 1999() --------------------- AGAINST THE ORDER DATED / / IN RA 328/COCH/98 IN ITA.910/C//1994 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT: ----------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENTS: ------------- SRI.R.SURESH KUMAR, ATTINGAL. BY ADV. SRI.C.KOCHUNNY NAIR SRI.S.VINODKUMAR THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 11/02/2008, ALONG WITH ITR NO. 158 OF 1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... I.T.R. Nos.157 & 158 of 1999 .................................................................... Dated this the 11th day of February, 2008. JUDGMENT C.N.Ramachandran Nair, J. Printing of paper book is dispensed with. 2. Heard Standing Counsel for the Income Tax Department and Sri.Arun Raj, counsel appearing for the respondent. Since the issue raised is covered in favour of the Revenue by decision of this court in COMMISSIONER OF INCOME TAX V. T.K.GINARAJAN, DEV. OFFICER, L.I.C. OF INDIA (2002) 253 ITR 463, following the said decision, the questions referred are answered in favour of the Revenue and against the assessee. The Tribunal is directed to pass consequential orders. A copy of this judgment under the seal of the High Court and signature of the Registrar shall be forwarded to the Income Tax Appellate Tribunal, Cochin Bench, Cochin. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms