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 MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 ITA.No. 295 of 2002 --------------------------- ITA.211/COCH/1998 OF I.T.A.TRIBUNAL,COCHIN BENCH. .................... APPELLANT/RESPONDENT: ---------------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES), SRI.GEORGE K. GEORGE, SC FOR IT. RESPONDENT/ APPELLANT: ----------------------------------------- OCEANIC FISHERIES (INDIA) LTD., KOLLAM. BY ADV. SRI.C.KOCHUNNY NAIR, SRI.DALE P.KURIEN. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - I.T.A NO.295 of 2002 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2008. JUDGMENT C.N. Ramachandran Nair, J. Even though the question raised is covered in favour of the assessee vide decision of the Supreme Court in Commissioner of Income Tax, Thiruvananthapuram v. Baby Marine Exports (290 ITR 323), learned Standing Counsel for the appellant contended that the Tribunal, while excluding the export profit from the scope of restriction under clause (baa) of Explanation 1 to Section 80HHC of the Income Tax Act, has not mentioned that the turnover, out of which the export house premium should be treated as total turnover. Since the formula provided under Section 80HHC of the Act provides for inclusion of the entire business turnover in the total turnover, the assessing officer is bound to adopt the entire turnover in the computation of relief under Section 80HHC. Therefore, even if the Tribunal does not state so, we do not think it makes any difference. However, since the above contention is raised, we dismiss the appeal leaving freedom to the assessing officer to reckon the entire turnover ITA 295/2002 -2- including export house premium in the computation of relief under Section 80HHC of the Act. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/