High Court Kerala High Court

The Commissioner Of Incometax vs M/S.Kerala Trades & Exports on 23 June, 2010

Kerala High Court
The Commissioner Of Incometax vs M/S.Kerala Trades & Exports on 23 June, 2010
       

  

  

 
 
  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.
                             ---------------------------
                           I.T.A No. 303 OF 2002
                             --------------------------
                   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

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