These Appeals Are Filed By The Assessee Challenging The Orderspassed By The Income Tax Appellate Tribunal, Cochin Bench In Itanos.455/Coch/2004 And 661/Coch/200 v. Deputy Cit (Assessment) {[2007] 294 Itr 67 (Ker)},Which Was Followed By This Court In The Case Of Hotel And Allied P.ltd. V. Deputy Cit {[2014] 361 Itr 184 (Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 30TH DAY OF OCTOBER 2014/8TH KARTHIKA, 1936 ITA.No. 218 of 2013 () ----------------------- AGAINST THE ORDER/JUDGMENT IN ITA 455/COCH/2004 of I.T.A.TRIBUNAL,COCHINBENCH DATED 16-11-2012 APPELLANT(S)/APPELLANT/ASSESSEE: ---------------------------------------------------------- M/S. ESCAPADE RESORTS (P) LTD. C/O. CASINO HOTEL, W/ISLAND, COCHIN-3. BY ADVS.SRI.JOSEPH MARKOSE (SR.) SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ABRAHAM VARGHESE THARAKAN RESPONDENT/RESPONDENT/DEPARTMENT: ---------------------------------------------------------------- ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE (1) ERNAKULAM. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 30-10-2014 ALONG WITH ITA. 262/2013 THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: ITA NO.218/13 APPENDIX APPELLANT'S EXHIBITS ANNEXURE A:TRUE COPY OF THE ASSESSMENT ORDER DT29.07.2003 ANNEXURE B:TRUE COPY OF THE ORDER PASSED IN THEAPPEAL DT 22.03.2004 OF THE COMMISSIONER OF INCOME TAX(APPEALS) II. ANNEXURE C:TRUE COPY OF THE ORDER DT 16/11/2012PASSED BY THE ITAT IN ITA NO.455/COCH/2004. //True Copy// Rp PA to Judge ANTONY DOMINIC & ANIL K. NARENDRAN, JJ. =============================== Income Tax Appeal Nos. 218 & 262 of 2013============================== Dated this the 30[th] day of October, 2014 J U D G M E N T Antony Dominic, J. These appeals are filed by the assessee challenging the orderspassed by the Income Tax Appellate Tribunal, Cochin Bench in ITANos.455/Coch/2004 and 661/Coch/2007 concerning the assessmentyears 2001-02 and 2003-04 respectively. 2.There are three common issues that are raised in theseorders. The first one is regarding deduction under Section 80HHD ofthe Income Tax Act. This issue is covered against the appellant byvirtue of the judgment of this Court in Hotel and Allied TradesPvt. Ltd. v. Deputy CIT (Assessment) {[2007] 294 ITR 67 (Ker)},which was followed by this Court in the case of Hotel and Allied P.Ltd. v. Deputy CIT {[2014] 361 ITR 184 (Ker)}. 3.The second common issue is in relation to deductionunder Section 80IB of the Act. This issue is also covered against theappellant in view of the principles laid down by this Court in thejudgment in ITA No.261/13. 4.The third common issue is in relation to the levy of : 2 : interest under Section 234C which also is covered against theappellant in view of the judgment in Hotel and Allied P. Ltd.(supra). 5.There is an additional issue that is raised in ITANo.218/13. That issue is in relation to computation of interestunder Section 115JB of the Act. On this issue, we have heard thelearned senior counsel for the appellant and also the learnedstanding counsel for the respondent in detail. Having consideredthis contentions in the light of the findings of the Tribunal, we donot find any illegality in the conclusions warranting a differentview of the matter. The appeals are accordingly dismissed. Sd/- ANTONY DOMINIC JUDGE Rp Sd/- ANIL K. NARENDRAN JUDGE //True Copy//PA to Judge