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 FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 ITA.No. 1204 of 2009() ---------------------- ITA.16/2006 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: ----------------------------- THE COMMISSIONER OF INCOME TAX, KOTTAYAM. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S)/RESPONDENT: ---------------------------------- M/S.MULAMOOTTIL LEASING & HIRE PURCHASE COMPANY LTD., KOZHENCHERRY, PATHANAMTHITTA. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2009, ALONG WITH ITA.1205 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- I.T.A. Nos. 1204 and 1205 of 2009 ---------------------------------- Dated this the 14th day of August, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Since the question raised by the department stands covered by our judgment reported in Commissioner of Income Tax Vs. Kerala State Financial Enterprise and others (220 CTR 286), we allow the appeals by setting aside the order of the Tribunal and that of the first appellate authority and remand the case back to the Assessing Officer for re-doing the assessment based on the judgment above referred after issuing notice to the assessee and after serving a copy of this judgment on the assessee. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb