IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 ITA.No. 303 of 2002() --------------------- ITA.395/COCH/1996 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT ----------------------------- THE COMMISSIONER OF INCOMETAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENT/RESPONDENT ----------------------------------------- M/S.KERALA TRADES & EXPORTS, COCHIN-20. ADV. SRI.P.BALAKRISHNAN (E) FOR R1 SRI.MOHAN PULIKKAL FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------- I.T.A No. 303 OF 2002 -------------------------- Dated this the 23rd day of June, 2010 J U D G M E N T Ramachandran Nair, J. Heard the senior standing counsel appearing for the appellant and Sri.P.Balakrishnan, the learned counsel appearing for the respondent. 2. Though the learned standing counsel submitted that the question of limitation decided by the Tribunal is covered by the decision of this Court in their favour vide judgment reported in Income Tax Officer v. Smt.Nilofer Hameed and Another [(2003) 262 ITR 281] and the SLP filed against the same is dismissed, the counsel for the assessee has relied on another decision of the Supreme Court in Karimtharuvi Tea Estate Ltd. v. State of Kerala [(1966) 60 ITR 262]. Since the judgment of this Court was rendered subsequent to the order of the Tribunal, we allow the appeal by setting aside the order of the Tribunal and that of the first Appellate Authority and remand the matter back to the assessing authority to reconsider the question of limitation with reference to the above decisions, with opportunity to assessee and to pass fresh orders within three months from the date of receipt of a copy of this judgment. C.N.RAMACHANDRAN NAIR (JUDGE ) P.S.GOPINATHAN (JUDGE ) vps WPC No. 2 WPC No. 3