Ita/109/2009 Of The Commissioner Of Income Tax (Central) v. M/S.mace Alumni Welfare Society,Cochin

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 ITA.No. 109 of 2009() --------------------- AGAINST THE ORDER DATED 28/04/2005 IN (S & S) IN ITA.105/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT: -------------------- THE COMMISSIONER OF INCOME-TAX(CENTRAL), COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- M/S.MACE ALUMNI WELFARE SOCIETY,58,RANJANA, 5TH CROSS ROAD,GIRI NAGAR, COCHIN-20. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &C.K.ABDUL REHIM, JJ. ....................................................................I.T. Appeal No.109 of 2009 ....................................................................Dated this the 17th day of June, 2009. JUDGMENT Ramachandran Nair, J. Even though question raised in the appeal filed by the Revenue isapparently a question of law, we feel it has only academic valuebecause there is no evasion of tax detected in the search conducted inrespect of the operations of a Housing Society formed by ex-studentsof an Engineering College. However, the question raised is left opento be raised in appropriate case involving loss of revenue. C.N.RAMACHANDRAN NAIRJudge pms C.K.ABDUL REHIM Judge