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 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 ITA.No. 493 of 2009() --------------------- ITA.844/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- THE PHARMACEUTICAL CORPORATION (IM) KERALA LTD., THRISSUR. ADV. SRI.V.KRISHNA MENON FOR R1 SMT.P.VIJAYAMMA FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, ALONG WITH ITA NO. 536 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- I. T. A. No. 493 & 536 OF 2009 -------------------------------------------- Dated this the 11th day of November, 2009 JUDGMENT Ramachandran Nair, J. The question raised in the connected appeals filed by the revenue against the very same respondent is whether the Tribunal was justified in ordering payment of interest under Section 244A to the respondent for the excess assessed tax paid under Section 140A of the I.T. Act for the years 1997-98 and 1998-99. Even though senior counsel for the revenue advanced extensive arguments canvassing for the proposition that excess self-assessed tax paid under Section 140A over the assessed tax will not entitle the assessee for interest from the date of payment, we find that the issue is squarely covered against the revenue by a single Judge judgment by one of us (Ramachandran Nair, J.) in WPC No. 26052 of 2004 dated 5.12.2008. After hearing both sides and after going through the said judgment we do not find any ground to deviate from the findings rendered in the judgment. We therefore follow the said judgment and dismiss the appeal. Registry will attach a copy of 2 the judgment in WPC 26052 of 2004 to form part of this judgment. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3