IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 ITA.No. 240 of 2009() --------------------- ITA.35/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: ----------------------------------- THE COMMISSIONER OF INCOME TAX, KOTTAYAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENTS -------------------------- ART LEASING LTD., CHENGANNUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- I.T.A. No.240 of 2009 -------------------------------------- Dated this the 2nd day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Since the issue raised is covered by the judgment of this Court reported in Commissioner of Income Tax Vs. Kerala State Financial Enterprise and others (220 CTR 286), which pertains to assessee's case we allow the appeal by reversing the order of Tribunal and the first appellate authority remanding the matter to the Assessing Officer for computation of liability on finance charges and hire charges after issuing notice. Since the appeal is disposed without issuing notice to the assessee the Assessing Officer will forward a copy of this Judgment to the assessee before taking up the assessment for revision. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb