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 25TH JUNE 2009 / 4TH ASHADHA 1931 ITA.No. 137 of 2009() --------------------- ITA.464/COCH/1999 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- SHRI.G.KRISHNAN NAIR KRISHNA FOOD PROCESSORS, KOCHUPILAMOODU, KOLLAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- I.T.A. No. 137 OF 2009 -------------------------------------------- Dated this the 25th day of June, 2009 JUDGMENT Ramachandran Nair,J. Since the Supreme Court has rendered judgments on the same issue after Tribunal issued the impugned order in appeal, and since the matter relates to computation of eligible deduction of export profit, we set aside the order of the Tribunal and remand the matter to the assessing officer to recompute eligible deduction for the assessee under Section 80HHC of the Act, following the decisions of the Supreme Court in CIT V. K. RAVINDRANATHAN NAIR, 295 I.T.R. 228 and IPCA LABORATORY LTD. V. CIT, 266 I.T.R. 521. Since we disposed of the case without issuing notice to the assessee, the assessing officer will issue notice along with a copy of this judgment and give an opportunity to the assessee to file statement of claims based on the decisions of the Supreme Court, particularly those referred above and pass fresh orders. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. 2