The Commissioner Of Income Tax vs Shri.G.Babu Oommen on 2 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 238 of 2009()


1. THE COMMISSIONER OF INCOME TAX,
                      ...  Petitioner

                        Vs



1. SHRI.G.BABU OOMMEN,
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH, SC, FOR INCOME TAX

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :02/07/2009

 O R D E R
   C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
                  -----------------------------------
                      I.T.A. No. 238 of 2009

                   --------------------------------------

               Dated this the 2nd day of July, 2009

                         J U D G M E N T

———————-

Ramachandran Nair,J.

Since the question raised pertains to computation of

eligible deduction under Section 80HHC and since the issue is

covered by decision of the hon’ble Supreme Court reported in

IPCA Laboratories Ltd. Vs. Dy. Commissioner of IT (266

ITR 521), we allow the appeal by reversing the order of

Tribunal and first appellate authority on this issue and remand

the matter to the Assessing Officer for recomputation of eligible

deduction in accordance with the decision referred above, after

hearing the assessee. Since the appeal is disposed of without

issuing notice, the Assessing Officer will forward a copy of this

judgment to the assessee before taking up the assessment for

revision.

C.N.RAMACHANDRAN NAIR, JUDGE.

C.K.ABDUL REHIM, JUDGE.

okb