IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 ITA.No. 580 of 2009() --------------------- ITA.21/2003 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: -------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT: -------------------------- M/S.BELL LEASING & HIRE PURCHASE LTD., BHAGHEERATHA, SANTHWANA, CHITTOOR ROAD, ERNAKULAM, KOCHI-682 018. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- I.T.A. No. 580 of 2009 -------------------------------------- Dated this the 23rd day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Since this Court has decided the very same issue subsequent to the order of the Tribunal in the decision reported in Commissioner of Income Tax Vs. Kerala State Financial Enterprise and others (220 CTR 286) we allow the appeal by setting aside the order of the Tribunal and that of the first appellate authority and remand the matter to the Assessing officer for determination of the liability under the Income Tax Act based on the decision above referred. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb