IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 ITA.No. 1726 of 2009() ---------------------- AGAINST THE ORDER DATED 28/06/2002 IN COCH IN ITA.128(COCH)/1996 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME-TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S KING FISHERIES LIMITED, CANTONMENT NORTH KOLLAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal No.1726 of 2009 .................................................................... Dated this the 20th day of October, 2009. JUDGMENT Ramachandran Nair, J. Since the issues raised are covered by later decisions of the Supreme Court in IPCA LABORATORY LTD. V. DEPUTY COMMISSIONER OF INCOME-TAX (2004) 266 ITR 521 and in A.M.MOOSA V. COMMISSIONER OF INCOME-TAX (2007) 294 ITR 1, following the said judgments we set aside the orders of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer for recomputation of eligible relief under Section 80 HHC of the Income Tax Act based on judgments of the Supreme Court abovereferred, after giving an opportunity of hearing to the assessee and after serving a copy of this judgment on the assessee. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms