IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 ITA.No. 124 of 2008() --------------------- I TA.59/COCH/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APELLANT:- --------------------------- COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENT/RESPONDENT:- ------------------------------- K.R.USHASREE, SAI EXPORT ENTERPRISES MANGAD, KOLLAM. R1 BY ADV. SRI.P.BALAKRISHNAN (E) SRI.K.C.KIRAN SRI.MOHAN PULIKKAL THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I.T.A. No. 124 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2009 JUDGMENT Ramachandran Nair,J. Questions 1 to 3 raised in the Department appeal are covered in favour of the Revenue by decision of the Supreme Court in Commissioner of Income Tax v. k. Ravindranathan Nair [295 ITR 228]. So far as the last question is concerned, even though the issue raised is covered in favour of the assessee in Commissioner of Income Tax v. T.C. Usha [264 ITR 368], the subsequent decision following the said judgment is reversed by the Supreme Court in the above decision. Consequently, the appeal is allowed vacating the order of the Tribunal with a direction to the assessing officer to recompute eligible relief under 80 HHC following the judgment of the Supreme Court and after hearing the assessee. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. ttb