J U D G M E N T v. Hindustan Bulk Carriers

sou. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY FRIDAY, THE 3RD DAY OF FEBRUARY 2012/14TH MAGHA 1933WPC.No. 26583 of 2003 (M) -------------------------PETITIONER(S):------------- THE COMMISSIONER OF INCOME TAX, CALICUT. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) SRI.GEORGE K. GEORGE, SC FOR ITRESPONDENT(S):--------------1. THE SETTLEMENT COMMISSION (IT & WP) ADDITIONAL BENCH, 488-489,ANNASALAI CHENNAI., (THE 1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 25.11.2011 IN WP(C)NO.26583/2003)2. SHRI.DR.M.ASSAN KOYA, M/S.KOYA'S HOSPITAL, FEROKE. R,R2 BY SRI.K.A.SALIL NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.P.RAY, J ------------------------------------- W.P.(C).No. 26583 OF 2003 ----------------------------------------- Dated 3[rd] February, 2012 J U D G M E N T Heard learned counsel for petitioner. Learned standingcounsel for Income Tax Department submitted that the case iscovered by judgment of the apex court reported in 2003 (vol 259)ITR 449 Commissioner of Income-Tax Vs. Hindustan Bulk Carriers. 2. Following the aforesaid decision, I set aside Ext.P4 andExt.P5 orders dated 19.4.2000 and 12.7.2002 so far as itlimit/reduce the period for levy of interest under section 234B. Settlement commission is directed to pass an orderpertaining to the terminal point for levy of interest under section234B after giving notice to the parties. Writ petition is allowed. No cost. Sou. Sd/- B.P. RAY, JUDGE. // True copy // P.A. To Judge