IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 ITA.No. 386 of 2009() --------------------- ITA.51/COCH/1998 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT. ---------------------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN.S BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT. -------------------------- SRI.P.N.JOB, SUNITHA DIESEL SALES & SERVICES, XXIX/1288A, VYTTILA JUNCTION, COCHIN - 19. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 07/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal No.386 of 2009 .................................................................... Dated this the 7th day of September, 2009. JUDGMENT Ramachandran Nair, J. Question raised pertains to disallowance of interest claimed against rental income. We notice from the orders of the lower authorities that assessee produced certificate from the Bank to show that building was constructed with borrowed funds. Consequently we are of the view that the C.I.T.(Appeals) and the Tribunal rightly upheld assessee's claim for deduction of interest paid on borrowed capital. Departmental appeal is therefore dismissed. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms