High Court Kerala High Court

The Commissioner Of Income Tax vs Vyaparavijayam Hire Purchase … on 20 August, 2009

Kerala High Court
The Commissioner Of Income Tax vs Vyaparavijayam Hire Purchase … on 20 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 1463 of 2009()



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

                        Vs

1. VYAPARAVIJAYAM HIRE PURCHASE PVT.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 :20/08/2009

 O R D E R
    C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
              ....................................................................
                           I.T.A. No.1463 of 2009
              ....................................................................
               Dated this the 20th day of August, 2009.

                                     JUDGMENT

Ramachandran Nair, J.

Since the issue raised is covered by Division

Bench judgment of this Court reported in Commissioner of

Income Tax Vs. Kerala State Financial Enterprise and

others (220 CTR 286), following the said judgment we allow

the appeal by setting aside the order of the Tribunal and that of

the first appellate authority and remand the matter to the

Assessing Officer for re-computation of liability based on the

judgment above referred 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

okb