The Commissioner Of Income Tax vs M/S.Subitha Leasing Company Ltd on 3 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 848 of 2009()


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

                        Vs



1. M/S.SUBITHA LEASING COMPANY LTD.,
                       ...       Respondent

                For Petitioner  :SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)

                For Respondent  : No Appearance

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

 Dated :03/08/2009

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                            C.K.ABDUL REHIM, JJ.
               ....................................................................
                         I.T. Appeal No.848 of 2009
               ....................................................................
                 Dated this the 3rd day of August, 2009.

                                      JUDGMENT

Ramachandran Nair, J.

Following judgment in COMMISSIONER OF INCOME TAX V.

KERALA STATE FINANCIAL ENTERPRISES LTD. (220 CTR 286)

we allow the appeal by setting aside the orders of the Tribunal and that

of the first appellate authority and remand the matter to the Assessing

Officer for making fresh assessment based on judgment abovereferred

after issuing notice and after serving a copy of this judgment on the

assessee. If default interest is collected, then the same will also attract

tax by virtue of judgment in I.T.A. No.57/2009.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
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