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 30TH JULY 2009 / 8TH SRAVANA 1931 ITA.No. 724 of 2009() --------------------- ITA.96/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... 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): --------------- M/S.BELL LEASING AND HIRE PURCHASE LTD., BHAGEERATHA SANTHWANA, CHITTOOR ROAD, COCHIN-682 018. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T. Appeal No.724 of 2009 .................................................................... Dated this the 30th day of July, 2009. JUDGMENT Ramachandran Nair, J. Question raised namely, liability for interest tax on the interest recovered under various names in respect of leasing and hire purchase arrangements, is covered in favour of the Revenue vide decision of this court in COMMISSIONER OF INCOME TAX V. KERALA STATE FINANCIAL ENTERPRISES LTD. (220 CTR 286). Following the said judgment we allow the appeal by setting aside the order of the Tribunal and that of the first appellate authority and restore the matter to the Assessing Officer for revision of assessment based on judgment abovereferred and the judgment in assessee's own case i.e. in I.T.A. No.580 of 2009, after giving opportunity to the assessee and after serving copy of this judgment on the assessee. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge