Ita/348/2010 Of The Commissioner Of Income Tax v. Shri Babu Oommen

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 TUESDAY, THE 13TH DAY OF MARCH 2012/23RD PHALGUNA 1933 ITA.No. 348 of 2010 ( ) -----------------------AGAINST ORDER IN ITA.999/2008 DATED 19/05/2010 of I.T.A.TRIBUNAL,COCHINBENCH APPELLANT(S):/ RESPONDENT ------------ THE COMMISSIONER OF INCOME TAX, (CENTRAL)COCHIN. BY ADV.SHRI.PKR MENON, SR.SC FOR INCOME TAX ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S):/APPELLANT -------------- SHRI.BABU OOMMEN,ALPHONSA CASHEW INDUSTRIES,PUTHOOR.P.O., KOTTARAKKARA,KOLLAM, PIN - 691 509. BY SRI.DALE P.KURIEN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 13-03-2012, ALONG WITH ITA. 362/2010, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: APPENDIX jg C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ. ....................................................................I.T.A.Nos.348 & 362 of 2010 ....................................................................Dated this the 13[th] day of March, 2012. J U D G M E N T Ramachandran Nair, J. The issue raised is whether the subsequent amendment to the statute with retrospective effect justify rectification ofcompleted assessment under Section 154 of the Act is coveredby the Division Bench judgment of this Court inI.T.A.No.1508/2009 dated 23/03/2010. In fact, this judgmentis issued against an order of the Tribunal based on which theTribunal has issued the impugned order. Following the abovereferred judgment, we allow the appeals by reversing theorders of the Tribunal and by restoring the rectifiedassessments. Registry will attach a copy of the judgment in ITA No.1508/2009 dated 23/03/2010 to form part of thisjudgment. (C.N.RAMACHANDRAN NAIR, JUDGE) (BABU MATHEW P. JOSEPH, JUDGE)