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 WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 ITA.No. 326 of 2009() --------------------- ITA.16/2000 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE SOUTH INDIAN BANK LTD.,TRICHUR. BY ADV. SRI.P.BALAKRISHNAN (E) RESPONDENT(S): RESPONDENT ------------------------- THE COMMISSIONER OF INCOME TAX,COCHIN. ADV. SRI.JOSE JOSEPH, SC FOR IT THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T.A. No.326 of 2009 .................................................................... Dated this the 8th day of July, 2009. JUDGMENT Ramachandran Nair, J. Since the issue raised i.e. assessee's eligibility for deduction under Section 80 M of the Income Tax Act for investment in UTI is covered by our judgment in assessee's own case for another year i.e. SOUTH INDIAN BANK V. COMMISSIONER OF INCOME-TAX reported in 308 ITR 351, following the said judgment we vacate the assessment confirmed by the Tribunal in the order in appeal and restore the matter to the Assessing Officer for revision of assessment granting relief based on abovereferred reported judgment. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms