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 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 ITA.No. 112 of 2002() --------------------- ITA.264/COCH/1996 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT -------------------------- 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: RESPONDENT ----------------------- M/S.BABY MARINE PRODUCTS, QUILON. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- I.T.A. No. 112 OF 2002 -------------------------------------------- Dated this the 21st day of February, 2008 JUDGMENT C.N. Ramachandran Nair,J. This is an appeal filed by the revenue against the order of the Tribunal granting relief to the assessee under Section 80HHC of the Income-tax Act. We find that subsequent to the decision of the Tribunal, the order in appeal relied on by the Tribunal in A.M. MOOSA's case is reversed by this Court and in appeal the Supreme Court confirmed the same vide decision in 294 I.T.R. 1. Similarly the eligibility for relief under Section 80HHC was considered based on their order in appeal in Janatha Cashew Exporting Company's case. Even though this decision was reversed by this Court, the Supreme Court set aside the order of the Tribunal and remanded the matter back for verifying whether disclaimer certificates are available to grant the relief to the assessee. In this case, the Tribunal has recorded that assessee has produced disclaimer's certificates from the export house 2 and if that be so, the assessee is entitled to relief. So far as assessee's claim that premium received from export houses constitute export profit is concerned, the issue is covered by the decision of the Supreme Court in the assessee's own case in 290 I.T.R. 323. In view of the subsequent judgments above referred, which are rendered after decision of the Tribunal, we set aside the order of the Tribunal with direction to the Tribunal to reconsider the matter in the light of the decisions of the Supreme Court above referred. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 3