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. 2 of 1998() ------------------- AGAINST THE ORDER IN ITA 736/97 IN RA.65/1997 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT(S): -------------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON, SENIOR ADVOCATE RESPONDENT(S): --------------- SRI. JACOB CHERIYAN, KOTTYAM (DIED) ADDL. 2. ANNAMMA CHERIAN, WIFE OF LAGTE JACOB CERIAN, HOTEL AMBASSADOR, KOTTAYAM, ADDL. R2 IS IMPLEADED AS PER ORDER DATED 4.11.2003 ON CMP 2128/2003 R2 BY ADV. SRI.JOHN RAMESH K.I.JOHN 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. 2 OF 1998 -------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair,J. Since the issue raised is covered against the revenue and in favour of assessee, vide finding in the last but one paragraph of judgment in CIT V. HOTEL AMBASSADOR, (2002) 253 I.T.R. 430, and since assessee himself was a partner of the said Hotel, reference is disposed of answering the question 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 Registrar-General shall be forwarded to the Income tax Appellate Tribunal, Cochin Bench. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2