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 9TH JULY 2009 / 18TH ASHADHA 1931 ITA.No. 392 of 2009() --------------------- ITA.5/COCH/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... 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(S): --------------- SRI. K. RAVEENDRANATHAN NAIR, VIJAYALAKSHMI CASHEW CASHEW CO. KOCHUPILAMOODU, KOLLAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T. Appeal No.392 of 2009 .................................................................... Dated this the 9th day of July, 2009. JUDGMENT Ramachandran Nair, J. Since the questions raised are covered by subsequent decisions of the Supreme Court, one in IPCA LABORATORY V. DEPUTY COMMISSIONER OF INCOME-TAX reported in 266 ITR 521 and the other in assessee's own case in COMMISSIONER OF INCOME-TAX V. K.RAVINDRANATHAN NAIR (2007) 295 ITR 228, we allow the appeal by reversing the orders of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer for revision of assessment recomputing relief eligible to the assessee under Section 80 HHC of the Income Tax Act in terms of the abovereferred judgments of the Supreme Court. The appeal is disposed of without issuing notice to the assessee only to avoid further expenditure for them. However, the 2 Assessing Officer will issue a copy of this judgment to the assessee before initiating proceedings for revision of assessment in terms of the judgment. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms