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. 57 of 2008() -------------------- ITA.107/COCH/2003 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- COMMISSIONER OF INCOME-TAX, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC FOR IT RESPONDENT(S): RESPONDENT/APPELLANT ----------------------------------- THE TRIVANDRUM CLUB, VAZHUTHACADU, THIRUVANANTHAPURAM. ADV. SRI.T.M.SREEDHARAN FOR R1 THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ALONG WITH ITA 96/2008 & CONN. CASES ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... I.T. Appeal Nos.57, 96, 115, 132 & 142 of 2008 .................................................................... Dated this the 27th day of February, 2009. JUDGMENT Ramachandran Nair, J. In the connected appeals filed by the Revenue, question numbers 1 to 4 pertain to the same issue i.e. respondent's liability to pay income tax on rent collected from temporary members. This issue stands decided by Division Bench judgment of this court in assessee's own case in COMMISSIONER OF INCOME TAX V. TRIVANDRUM CLUB reported in 282 ITR 505. Following the said judgment, we reverse the finding of the Tribunal on this issue and restore the assessment on the rental income. So far as the last issue is concerned, i.e. assessee's liability to pay tax on interest, the Tribunal has followed the decision in CHELMSFORD CLUB V. CIT (243 ITR 89). We, 2 therefore, reject the appeal on this issue. Appeals are partly allowed as above. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms