The Commissioner Of Income Tax vs M/S.Lfc Hire Purchase Co.P.Ltd on 27 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 644 of 2009()


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

                        Vs



1. M/S.LFC HIRE PURCHASE CO.P.LTD.,
                       ...       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 :27/07/2009

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                             C.K.ABDUL REHIM, JJ.
                ....................................................................
                          I.T. Appeal No.644 of 2009
                ....................................................................
                   Dated this the 27th day of July, 2009.

                                       JUDGMENT

Ramachandran Nair, J.

Since the issue raised i.e. liability for tax under the Interest Tax

Act on the hire charges and finance charges received is covered in

favour of the Revenue vide decision of this court in COMMISSIONER

ENTERPRISES LTD. (220 CTR 286), following the said judgment we

allow the appeal by reversing the order of the Tribunal and that of the

first appellate authority and remand the matter to the Assessing Officer

for recomputation of liability in the light of the judgment

abovereferred, after issuing notice to the assessee and after serving a

copy of this judgment on the assessee.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
pms