IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 ITA.No. 1420 of 2009() ---------------------- ITA.176/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT ------------------------- M/S.SWIFT LINK (P)LTD, PLOT NO.43,CSEZ, KAKKANADU,ERNAKULAM-30. ADV. SRI.T.M.SREEDHARAN FOR R SRI.V.P.NARAYANAN FOR R SMT.C.K.SHERIN FOR R THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ALONG WITH ITA NOS.1388&1392 OF 2009 ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... I.T. Appeal Nos.1420, 1388 & 1392 of 2009 .................................................................... Dated this the 22nd day of March, 2010. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel appearing for the appellant and Adv. Sri.T.M.Sreedharan appearing for the respondent-assessee. Same question is raised in the connected appeals filed against the very same assessee. We notice that the main issue i.e. assessee's entitlement for exemption under Section 10A, was disallowed only on technical ground of non-filing of audited accounts along with the return. It is seen that the orders the Tribunal under challenge are passed in a second round arising from revised assessments issued after remand in the first round assessment. Assessee's eligibility for exemption was declared in first appeal against original assessment. This is not contested by the department and therefore, the Tribunal held that in the second round appeals department cannot raise the said question. Further, it is the finding of the two appellate authorities that delay in filing audited accounts should not lead to disentitlement of exemption which assessee 2 is otherwise entitled as an export-oriented unit in the Cochin Special Economic Zone. We do not find any substantial question of law arising from the order of the Tribunal. Consequently the appeals are dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms