IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 ITA.No. 1643 of 2009() ---------------------- AGAINST THE ORDER DATED 31/12/2008 IN COCH IN ITA.654/COCH/2008 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT ------------------------ A.SHAHUL HAMEED, P/O.M/S.CITY SHOE MART,CHALAI, TRIVANDRUM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- I.T.A. No. 1643 OF 2009 -------------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Ramachandran Nair, J. Heard standing counsel for the appellant. The only issue raised is whether the Tribunal was justified in cancelling the order issued under Section 263 of the I.T. Act by the CIT directing the Officer to verify the source of deposit in a bank amounting to around Rs. 2,35,000/-. It is seen that the very same amount withdrawn from the Bank was accepted by the assessing officer as source for investment in a building. The Tribunal cancelled the order of the Commissioner because the Tribunal noticed that in the appeal against first round assessment, the CIT (Appeals) cancelled the addition on cash credit. We do not find any substantial question of law arising from the order of the Tribunal because in the appeal against first round assessment, the assessee's explanation was accepted. Consequently we dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 2