IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 ITA.No. 1085 of 2009() ---------------------- ITA.137/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX,COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- MACE ALUMINI WELFARE SOCIETY, C/O.UNIDEC FOUNDATION (P) LTD., FATHIMA CHURCH ROAD,ERNAKULAM. ADV. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal No.1085 of 2009 .................................................................... Dated this the 2nd day of December, 2009. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel appearing for the appellant and Adv. Sri.T.M.Sreedharan appearing for the respondent. After hearing both sides and after going through Tribunal's order, we do not find any merit in the department's case because the land involved is purchased by the Welfare Society of a college for allotment among the members for setting up houses. The assessment is basically on account of increase in value of the land in the course of time which at the maximum constitute notional income. We do not find any substantial question of law arising from the order of the Tribunal. Consequently we dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms