Ita/242/2009 Of The Commissioner Of Income Tax v. The Kerala State Co-Op.rubber Marketing

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 THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 ITA.No. 242 of 2009() --------------------- ITA.136/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT(S): APPELLANT: ----------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- THE KERALA STATE CO-OP.RUBBER MARKETING FEDERATION LTD., GANDHI NAGAR, COCHIN-20. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.T.A. No. 242 of 2009 -------------------------------------- Dated this the 2[nd] day of July, 2009 J U D G M E N T---------------------- Ramachandran Nair,J. Respondent assessee is a company in the co-operative sectorunder the control of Government of Kerala. In the connected case wehave already taken the view that the Tribunal rightly alloweddeduction claimed by the assessee towards guarantee commission andinterest paid to the Government for support and finance arranged bythe Government. So far as the question regarding interest due underSection 234A is concerned the Tribunal allowed it only because thereis a calculation error. So far as the challenge in the order of theTribunal on deduction allowed under Section 35D is concerned wenotice the Tribunal has remanded the case to the Assessing Officer forre-examination. Yet another question raised is the provision towardsGovernment shares which again is remanded by the Tribunal to theAssessment Officer. In these circumstances we do not find anysubstantial question of law arising from the order of the Tribunal.Consequently the appeal is dismissed. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE.