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 TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 ITA.No. 334 of 2002 --------------------------- ITA.243/COCH/1998 OF I.T.A.TRIBUNAL,COCHIN BENCH. .................... APPELLANT/ APPELLANT: -------------------------------------- THE COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT, ADV. SRI.GEORGE K. GEORGE, SC FOR IT. RESPONDENT/ RESPONDENT: -------------------------------------------- M/S. OCEANIC FISHERIES (INDIA) LTD., KOLLAM. BY THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - I.T.A.No.334 of 2002 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008. JUDGMENT C.N. Ramachandran Nair, J. Since both sides agree that recomputation of relief under Section 80HHC of the Income Tax is called for based on the two subsequent decisions of the Supreme Court in Commissioner of Income Tax v. K. Ravindranathan Nair (295 ITR 228) and Janatha Cashew Exporting Company v. Commissioner of Income Tax ((2008) 214 CTR 11), we set aside the order of the Tribunal on the computation of relief under Section 80HHC of the Act and remand the matter back to the assessing officer for recomputation after giving opportunity to the assessee and in the light of the two decisions referred to above and also other relevant decisions of the Supreme Court and of this court. The appeal is disposed of as above. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/