IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 ITR.No. 132 of 1998() --------------------- AGAINST THE ORDER IN RA.9/COCH//1996 IN ITA 703/COCH/90 OF I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT(S): -------------- SRI. MATHEW MAPILA, C/O. M/S. NELCO WINES, THIRUVALLA. BY ADV. SRI.JOSEPH MARKOSE, SENIOR ADVOCATE SRI.THOMAS VELLAPPALLY RESPONDENT(S): --------------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. ADV. SRI.P.K.R.MENON, SENIOR ADVOCATE SRI.GEORGE K. GEORGE, SC FOR IT THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- I.T.R. No. 132 OF 1998 -------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair,J. Since the connected reference case, I.T.R. No.91 of 1997, arising from the common order of the Tribunal was disposed of by this Court vide judgment dated 29.10.1999 answering the questions referred in favour of the assessee, following the said judgment, we dispose of this reference case also by answering the questions referred in favour of the assessee and against the revenue. A copy of this judgment under the seal of the High Court and signature of the Registrar-General shall be forwarded to the Income Tax Appellate Tribunal, Cochin Bench. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2