IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 ITA.No. 103 of 2008 --------------------- ITA.250/COCH/1999 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: -------------------------- THE COMMISSIONER OF INCOME-TAX, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/RESPONDENT: ------------------------------- SHRI B.PARAMESWARAN BHARATHAN, QUILON EXPORT ENTERPRISES, KOLLAM. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I.T.A. No. 103 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2009 JUDGMENT Ramachandran Nair,J. Of the three questions raised, the first two pertaining to computation of export profit under Section 8HHC of the IT Act, are covered in favour of the revenue by the decision of the Supreme Court in IPCA Laboratory Ltd., v. Deputy Commissioner of Income Tax [266 ITR 521]. So far as the third question is concerned, the issue is covered in favour of the assessee by the judgment of this Court in ITA No.109/2002 dated 25.02.08. Consequently appeal is allowed in part by reversing the order of the Tribunal pertaining to computation of export profit under Section 80HHC and with a direction to the assessing officer to recompute the eligible exemption under Section 80 HHC by following the decision of the Supreme Court, above referred. Following the judgment of this Court above referred, the third question is decided in favour of the assessee and we dismissed this appeal on this issue. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. ttb