IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 ITA.No. 82 of 2002() -------------------- ITA.234/Coch/1996 of I.T.A.TRIBUNAL,COCHIN BENCH .................... RESPONDENT ----------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENTS: APPELLANT ---------------------- M/S.BABY MARINE FISHERIES, KALLUVILA, THANGASSERY, KOLLAM. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I.T.A No.82 of 2002 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of February, 2008 J U D G M E N T C.N.RAMACHANDRAN NAIR, J. Since the question raised is squarely covered in favour of the assessee by the decision of the Supreme Court in their own case for another year reported in Commissioner of Income-Tax, Thiruvananthapuram v. Baby Marine Exports [(2007)290 ITR 323 (SC)], the appeal filed is dismissed following the said judgment. However, we leave it open to the Assessing Officer to make modification in assessment to the extent required because the decision in A.M.Moosa vs.Asstt. CIT [ITA No.498 (Coch)/1995, dated 14/09/1995] and the decision in Janatha Cashew Exporting Company, Quilon [ITA 201(Coch)/1996, dated 09/07/2001] pertains to granting export exemption for exports routed through the export houses relied on by Income Tax Appellate Tribunal stand reversed by later decisions of Supreme Court. C.N.RAMACHANDRAN NAIR, Judge T.R.RAMACHANDRAN NAIR, Judge ms