IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 ITA.No. 598 of 2009() --------------------- ITA.15/COCH/2003 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- M/S.BELL LEASING & HIRE PURCHASE LTD., BHAGHEERATHA, SANTHWANA, CHITTOOR ROAD, ERNAKULAM, KOCHI-682 018. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- I.T.A. No. 598 OF 2009 -------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT Ramachandran Nair,J. Since we have already decided the issue that is liability for interest tax on hire charges, and finance charges vide our judgment reported in CIT V. KERALA STATE FINANCIAL ENTERPRISES LTD., 220 CTR 286, following the said judgment, we set aside the order of the Tribunal and that of the first appellate authority and remand the matter to the assessing officer for recomputation of liability under the Interest Tax Act on finance charges and hire charges after issuing notice to the assessee and after serving them a copy of this judgment. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 2