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 WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 ITA.No. 741 of 2009() --------------------- ITA.109/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT(S): APPELLANT: ----------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT: ----------------------------------- KUTTUKARAN LEASING AND INVESTMENTS(P) LIMITTED, KUTTUKARAN CENTRE, MAMANGALAM, COCHIN-25. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- I.T.A. No. 741 of 2009 -------------------------------------- Dated this the 29th day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Since the issue raised is covered by our judgment reported in Commissioner of Income Tax Vs. Kerala State Financial Enterprise and others (220 CTR 286), we allow the appeal by setting aside the order of the Tribunal and that of the first appellate authority and remand the case back to the Assessing Officer for determination of liability under Interest Tax Act based on the judgment above referred after giving an opportunity to the assessee and after serving a copy of this judgment on the assessee. The appeal is therefore allowed in part as stated above. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb