Ita/1112/2009 Of The Commissioner Of Income Tax, Thrissur v. M/S. Gold Plaza India (P) Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 THE HONOURABLE MR. JUSTICE V.K.MOHANAN ITA.No. 1112 of 2009() ---------------------- ITA.649/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, THRISSUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S.GOLD PLAZA INDIA PVT.LTD.,CEE PEE TOWERS,P.O.ROAD,THRISSUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -------------------------------------------- I.T.A. No. 1112 OF 2009 -------------------------------------------- Dated this the 30th day of September, 2009 JUDGMENT Ramachandran Nair, J. Standing counsel submitted that order appealed against is recalledby the Tribunal and fresh order is issued against which also thedepartment has grievance. Even though he has prayed for substitutionof the present order for the old one, we do not think that is the correctprocedure. We therefore grant permission to the department towithdraw the appeal and file fresh appeal if they so desire against theorder later issued by the Tribunal. Consequently the appeal isdismissed as withdrawn leaving freedom to the department to claimeligible court fee and file appeal against the later order issued by theTribunal, if so desired. (C.N.RAMACHANDRAN NAIR)Judge. (V.K. MOHANAN) Judge.