The Commissioner Of Income Tax vs Shri.G.Krishnan Nair on 25 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 137 of 2009()


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

                        Vs



1. SHRI.G.KRISHNAN NAIR
                       ...       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 :25/06/2009

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       C. K. ABDUL REHIM, JJ.
                  --------------------------------------------
                         I.T.A. No. 137 OF 2009
                  --------------------------------------------
                 Dated this the 25th day of June, 2009

                               JUDGMENT

Ramachandran Nair,J.

Since the Supreme Court has rendered judgments on the same

issue after Tribunal issued the impugned order in appeal, and since the

matter relates to computation of eligible deduction of export profit, we

set aside the order of the Tribunal and remand the matter to the

assessing officer to recompute eligible deduction for the assessee under

Section 80HHC of the Act, following the decisions of the Supreme

Court in CIT V. K. RAVINDRANATHAN NAIR, 295 I.T.R. 228 and

IPCA LABORATORY LTD. V. CIT, 266 I.T.R. 521. Since we

disposed of the case without issuing notice to the assessee, the

assessing officer will issue notice along with a copy of this judgment

and give an opportunity to the assessee to file statement of claims based

on the decisions of the Supreme Court, particularly those referred

above and pass fresh orders.

Appeal is disposed of as above.

(C.N.RAMACHANDRAN NAIR)
Judge.

(C. K. ABDUL REHIM)
Judge.

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