Ita/869/2009 Of The Commissioner Of Income Tax v. Plant Lipkds Pvt Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 ITA.No. 869 of 2009() --------------------- ITA.333/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX,COCHIN. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: --------------- PLANT LIPIDS PVT.LTD., KADAYIRUPPU P.O.,KOLENCHERRY. ADV. SRI.BECHU KURIAN THOMAS FOR R1 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ALONG WITH ITA NOS.935, 966 & 1109/2009 ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &P.S.GOPINATHAN, JJ. .................................................................... I.T. Appeal Nos.869,935,966 & 1109 of 2009 ....................................................................Dated this the 10th day of February, 2010. JUDGMENT Ramachandran Nair, J. The very same decision followed by the Tribunal in decidingthese appeals in favour of the assessee stands confirmed by judgmentof this court in I.T.A. Nos.353 and 1226 of 2009 dated 18.11.2009wherein it was held that the assessee is entitled to set off of MATcredit against tax liability in the computation of interest payable underSection 234B and Section 234C of the Income Tax Act. Following theabove judgment we dismiss these appeals also filed by the Revenue.Registry will attach a copy of judgment in I.T.A. Nos.353 and 1226 of2009 to form part of this judgment. C.N.RAMACHANDRAN NAIRJudge P.S.GOPINATHANJudge