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 WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 ITA.No. 1530 of 2009() ---------------------- AGAINST THE ORDER DATED 15/12/2003 IN ITA 227/COCH/2001 of I.T.A.TRIBUNAL,COCHIN BENCH .................... : APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX, KOTTAYAM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- VALLABHDAS KANJI LTD., ALAPPUZHA. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- I.T.A. No. 1530 OF 2009 -------------------------------------------- Dated this the 26th day of August, 2009 JUDGMENT Ramachandran Nair, J. Since the issue raised is covered by the decision of the Supreme Court pronounced subsequent to the orders of the Tribunal impugned in this appeal, appeal is allowed vacating the order of the Tribunal and that of the first appellate authority and remand the matter to the assessing officer for recomputation of eligible deduction under Section 80HHC, based on the judgment of the Supreme Court reported in IPCA LABORATORIES LTD. V. DEPUTY COMMISSIONER OF INCOME TAX, 266 ITR 521 and A.M. MOOSA V. CIT, 294 ITR 1, after issuing notice to the assessee and after serving a copy of this judgment on the assessee. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 2