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 THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 ITA.No. 1463 of 2009() ---------------------- ITA.9/COCH/1999 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT: --------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S)/APPELLANT: ---------------------------- VYAPARAVIJAYAM HIRE PURCHASE PVT. LTD., NADAR BUILDINGS, RICE BAZAR, TRICHUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T.A. No.1463 of 2009 .................................................................... Dated this the 20th day of August, 2009. JUDGMENT Ramachandran Nair, J. Since the issue raised is covered by Division Bench judgment of this Court reported in Commissioner of Income Tax Vs. Kerala State Financial Enterprise and others (220 CTR 286), following the said judgment we allow the appeal by setting aside the order of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer for re-computation of liability based on the judgment above referred after issuing notice to the assessee and after serving a copy of this judgment on the assessee. C.N.RAMACHANDRAN NAIR, JUDGE C.K.ABDUL REHIM, JUDGE okb