Ita/113/2010 Of The Commissioner Of Income Tax v. Asiatic Export Enterprises,Kollam

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 8TH DAY OF MARCH 2012/18TH PHALGUNA 1933 ITA.No. 113 of 2010 ( ) ----------------------- AGAINST ORDER IN ITA.670/2008 of I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT(S)/APPELLANT:: --------------------------------- THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S)/RESPONDENT : ------------------------- ASIATIC EXPORT ENTERPRISES, KILIKOLLOR, KOLLAM. BY SRI.E.K.NANDAKUMAR BY SRI.A.K.JAYASANKAR NAMBIAR BY SRI.K.JOHN MATHAI BY SRI.P.BENNY THOMAS BY SRI.P.GOPINATH BY SRI.RAJA KANNAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 08-03-2012, ALONG WITH ITA. 149/2010, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: APPENDIX APPELLANT'S EXHIBITS ANNEXURE-A :COPY OF ORDER UNDER SECTION 143(3) READ WITH SECTION147 OF THE ASSESSING OFFICER DATED 28/12/2006. ANNEXURE-B :COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) DATED 22/02/2008. ANNEXURE-C :COPY OF ORDER OF THE APPELLATE TRIBUNAL DATED16/07/2009. //TRUE COPY// jg PA TO JUDGE. .................................................................... I.T.A.Nos.113 & 149 of 2010 .................................................................... Dated this the 8[th] day of March, 2012. J U D G M E N T Ramachandran Nair, J. The order relied on by the Tribunal in issuing the impugned order is set aside and the matter is remanded backto the Tribunal by this Court in the judgment in I.T.ANo.43/2009 dated 14/12/2010. Since the issue raised in thiscase is similar to the issue decided by this Court in thejudgment above referred, we allow these I.T. Appeals bysetting aside the orders of the Tribunal and by remanding thematter to the Tribunal for restoring the appeals and fordeciding the same afresh based on the observations made bythis Court in the above judgment. Registry will attach a copy of the judgment in ITANo.43/2009 dated 14/12/2010 to form part of this judgment. (C.N.RAMACHANDRAN NAIR, JUDGE) (BABU MATHEW P.JOSEPH, JUDGE)