IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 ITA.No. 114 of 2008() --------------------- ITA.297/COCH/2000 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE 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 ------------------------- SMT.PREETHA.S.NAIR, NUT PRODUCTS COMPANY, KOCHUPILAMOODU, KOLLAM. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... I.T. Appeal No.114 of 2008 .................................................................... Dated this the 19th day of February, 2009. JUDGMENT Ramachandran Nair, J. Out of the three questions raised in the department's appeal, questions 1 and 2 pertain to computation of eligible profit for deduction under Section 80HHC of the Income Tax Act. Both these questions are covered by decision of the Supreme Court in COMMISSIONER OF INCOME-TAX V. K.RAVINDRANATHAN NAIR (2007) 295 ITR 228. So far as third question is concerned, we find the Tribunal has only followed decision of this court and allowed the assessee's claim. Following the judgment of the Supreme Court referred above, we allow the appeal in part by setting aside the order of the Tribunal and that of the C.I.T.(Appeal) pertaining to relief granted under Section 80 HHC with direction to the Assessing Officer to recompute eligible relief under Section 80 HHC by following judgment of the Supreme Court 2 abovereferred and after giving opportunity to the assessee. The Tribunal's order pertaining to the last question will stand confirmed. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms