IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 ITA.No. 1569 of 2009() -------------------------------- IT(SS)A.8/COCH/2002 of INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH .................... APPELLANT/APPELLANT ------------------------------------ SRI.A. JANARDHANAN, ARACKAL HOUSE, OLLUR P.O., TRISSUR. BY ADV. SRI.P.BALAKRISHNAN. RESPONDENT/RESPONDENT: -------------------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R.MENON, SR.COUNSEL, GOI (TAXES), SRI.JOSE JOSEPH, SC, FOR INCOME TAX. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ I.T.A.NO:1569 OF 2009 ----------------------------------------------------------- Dated this the 28th October, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and standing counsel for the revenue. In the course of search conducted in the premises of Shri. K.V.Ramakrishnan it came to the notice that the assessee while working as a branch manager of a scheduled bank invested money in a bar hotel in the name of another person and he was in receipt of income. The binami was made to retire from the firm leading to receipt of an amount of 6.5 lakhs over the share of Rs.1 lakh towards share maintained by the assessee. The assessee contested the liability for taxes treating the amount received on retirement of his banami under Section 69 of the Act. What we find from the Tribunal's order is that they have made only an open remand without deciding any issue. The counsel for the assessee brought to our notice the batch decision of the Tribunal in the case of other partners of the firm which is today upheld by us (ITA Nos: 474/2009 etc). In the circumstances, we dispose of the appeal directing the Assessing Officer to take into account the significance ITA 1569/2009 2 of the decision of the Tribunal in the case of partners of Messrs. Mamatha Motels affirmed by us. Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj ITA 1569/2009 3