IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 ITA.No. 44 of 2008() -------------------- ITA.392/COCH/1999 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME-TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S.KING FISHERIES (P) LIMITED, NEENDAKARA, KOLLAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- I.T.A. No. 44 OF 2008 -------------------------------------------- Dated this the 7th day of October, 2009 JUDGMENT Ramachandran Nair, J. Since the issue raised is covered by subsequent judgments of the Supreme Court reported in IPCA LABORATORY LTD. V. DY. CIT, 266 I.T.R. 521 and A.M. MOOSA v. CIT, 294 ITR 1, we allow the department 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 revision of assessment based on the judgments of the Supreme Court above referred after giving an opportunity of hearing to the assessee and after serving a copy of this judgment on the assessee. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 2