Ramachandran Nair,J v. C.n.ramachandran Nair, Judge

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 MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 ITA.No. 285 of 2009() --------------------- ITA.34/COCH/2002 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: ---------------------------------------- THE COMMISSIONER OF INCOME TAX, KOTTAYAM. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S)/RESPONDENT: -------------------------------------------------- ART LEASING LTD., CHENGANNUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ----------------------------------- I.T.A. No. 285 of 2009 -------------------------------------- Dated this the 6[th] day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Even though the case is coming for admission we feel thematter can be disposed of without notice to the respondent becausethe issue whether finance charges and hire charges attracts interesttax under the Interest Tax Act is squarely covered by a decision ofthis Court reported in Commissioner of Income Tax Vs. KeralaState Financial Enterprise and others (220 CTR 286).Therefore we allow the appeal filed by the Revenue by reversing theorder of Tribunal and that of the first appellate authority on thisissue but remand the matter to the assessing officer for issuingnotice to the assessee and to recompute liability based on thedecision of this Court above referred. The officer will issue a copy ofthis judgment to the assessee before revising the assessment andassessment will be revised only after the assessee is given effectiveopportunity. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE.