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 19TH FEBRUARY 2009 / 30TH MAGHA 1930 ITA.No. 106 of 2008() ---------------------------------- ITA.356/COCH/1999 of INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH .................... APPELLANT (S) /APPELLANT ------------------------ THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADVS. MR.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) MR.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S.SRINIKETHAN TRUST, PARAMESWAR NAGAR, KOLLAM. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2009, ALONG WITH ITA NO.129 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ I.T.A. Nos: 106 & 129 OF 2008 ----------------------------------------------------------------------------------- Dated this the 19th February, 2009. JUDGMENT RAMACHANDRAN NAIR, J. These appeals are filed by the revenue against the orders of the Tribunal raising several questions relating to assessee's claim for exemption provided under Section 80HHC of the Income Tax Act. Of the four questions raised first three are covered by two decisions of the Supreme Court one reported in IPCA Laboratory Ltd. v. Deputy Commissioner of Income Tax (266 ITR 521) and the other in A.M.Moosa v. Commissioner of Income Tax (294 ITR 1). So far as the fourth question is concerned the issue raised is similar to the second question considered and decided by this Court by judgment dated 25.2.2008 in I.T.A.209/2002. Following the above judgments we allow the appeal by reversing the order of the Tribunal and that of the first appellate authority pertaining to computation of relief under Section 80HHC with direction to the Assessing Officer to modify the assessment by following the above decisions of the Supreme Court and this Court after giving I.T.A.Nos: 106 & 129/2008 2 opportunity to the assessee . C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: