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 2ND JULY 2009 / 11TH ASHADHA 1931 ITA.No. 242 of 2009() --------------------- ITA.136/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT(S): APPELLANT: ----------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- THE KERALA STATE CO-OP.RUBBER MARKETING FEDERATION LTD., GANDHI NAGAR, COCHIN-20. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- I.T.A. No. 242 of 2009 -------------------------------------- Dated this the 2nd day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Respondent assessee is a company in the co-operative sector under the control of Government of Kerala. In the connected case we have already taken the view that the Tribunal rightly allowed deduction claimed by the assessee towards guarantee commission and interest paid to the Government for support and finance arranged by the Government. So far as the question regarding interest due under Section 234A is concerned the Tribunal allowed it only because there is a calculation error. So far as the challenge in the order of the Tribunal on deduction allowed under Section 35D is concerned we notice the Tribunal has remanded the case to the Assessing Officer for re-examination. Yet another question raised is the provision towards Government shares which again is remanded by the Tribunal to the Assessment Officer. In these circumstances we do not find any substantial question of law arising from the order of the Tribunal. Consequently the appeal is dismissed. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb