IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 ITA.No. 39 of 2008() -------------------- ITA.363/COCH/2006 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT: -------------------- THE COMMISSIOENR OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT: --------------- M/S.KALLUMOOTTIL JEWELLERS, PALLIMUKKU, KOLLAM. ADV. SRI.K.SUBASH CHANDRA BOSE FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... I.T. Appeal No.39 of 2008 .................................................................... Dated this the 3rd day of March, 2009. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel for the appellant and counsel appearing for the respondent-assessee. Question raised in the appeal filed by the Revenue is whether Tribunal is justified in cancelling an income escaping assessment to bring to tax escaped income of Rs.1,00,674/- for the assessment year 1998-99. The only basis of addition is the assessee's declaration of the same amount under VDIS for the year 1987-88. The Tribunal has found that assessee has paid tax on this amount under the VDIS with interest, even though certificate was not produced. Department also has no material to show that this amount is escaped income of the assessment year 1998-99. In view of the finding of fact entered by the Tribunal that the amount is subject to assessment under VDI Scheme and the present assessment is a double 2 taxation of the same amount, we do not think there is any scope for interference with the order of the Tribunal. Appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms