IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 ITA.No. 332 of 2002() --------------------- ITA.5/1998 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT: ---------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENTS: APPELLANT: ----------------------- K.VENKITESWARA IYER, PULIPRA MADAM, N.F.G.ROAD, TRIPUNITHURA. BY ADV. SRI.T.M.SREEDHARAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I.T.A No.332 of 2002 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of February, 2008 J U D G M E N T C.N.RAMACHANDRAN NAIR, J. In the appeal the first question raised is whether the tribunal was justified in modifying the income estimated towards profit on purchase and sale of a land. Next question raised also pertains estimation of profit towards brokerage. The Tribunal after considering evidence found that respondent/assessee was only acting as broker in the land deal and has got only commission. The documents seized by the Assessing Officer only show that assessee entered into an agreement for purchase and also agreement for sale and that the assessee has not purchased and sold any land in his own account. We therefore, do not find any question of law arising from order of the Tribunal the decision of which is based on evidence. We therefore dismiss the appeal as devoid of any merit. C.N.RAMACHANDRAN NAIR, Judge T.R.RAMACHANDRAN NAIR, Judge ms