IN THE HIGH COURT OF KERALA AT ERNAKULAM
ITA.No. 303 of 2002()
1. THE COMMISSIONER OF INCOMETAX,
... Petitioner
Vs
1. M/S.KERALA TRADES & EXPORTS,
... Respondent
For Petitioner :SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)
For Respondent :SRI.P.BALAKRISHNAN (E)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :23/06/2010
O R D E R
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
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I.T.A No. 303 OF 2002
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Dated this the 23rdday of June, 2010
J U D G M E N T
Ramachandran Nair, J.
Heard the senior standing counsel appearing for the appellant
and Sri.P.Balakrishnan, the learned counsel appearing for the respondent.
2. Though the learned standing counsel submitted that the
question of limitation decided by the Tribunal is covered by the decision of
this Court in their favour vide judgment reported in Income Tax Officer v.
Smt.Nilofer Hameed and Another [(2003) 262 ITR 281] and the SLP
filed against the same is dismissed, the counsel for the assessee has
relied on another decision of the Supreme Court in Karimtharuvi Tea
Estate Ltd. v. State of Kerala [(1966) 60 ITR 262]. Since the judgment
of this Court was rendered subsequent to the order of the Tribunal, we
allow the appeal by setting aside the order of the Tribunal and that of the
first Appellate Authority and remand the matter back to the assessing
authority to reconsider the question of limitation with reference to the
above decisions, with opportunity to assessee and to pass fresh orders
within three months from the date of receipt of a copy of this judgment.
C.N.RAMACHANDRAN NAIR
(JUDGE )
P.S.GOPINATHAN
(JUDGE )
vps
WPC No.
2
WPC No.
3