IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 ITA.No. 1019 of 2009() ---------------------- AGAINST THE ORDER DATED 19/05/2005 IN IT(S&S)A.27/COCH/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- HOTEL INDAPRASTHAM, KODUNGALLUR, TRICHUR DIST. ADV. SRI.T.M.SREEDHARAN SRI.V.P.NARAYANAN SMT.C.K.SHERIN THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal No.1019 of 2009 .................................................................... Dated this the 19th day of November, 2009. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel for the Revenue and Adv. Sri.T.M.Sreedharan, appearing for the respondent. After hearing both sides and on going through the Tribunal's order, we find that the income assessed under Section 158BD was in respect of disallowed portion of depreciation wrongly claimed by the assessee including the value of land along with value of building in the regular return filed. Another item of addition is the disallowed interest shown as paid without collection of TDS. We are of the view that the first appellate authority rightly allowed the claim and the Tribunal confirmed it because the items assessed were not materials gathered in the course of 2 search and disallowances are seen made in the regular assessment based on returns filed. Consequently we dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms