Ita/134/2019 Of The Principal Commissioner Of Income Tax v. Siji Tono

Income Tax Appeal No. 134/2019 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPENWEDNESDAY, THE 24 DAY OF MAY 2023 / 3RD JYAISHTA, 1945 ITA NO. 134 OF 2019 AGAINST THE ORDER DATED 19.12.2017 IN ITA 31/COCH/2017 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/APPELLANT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAXKOCHI - 2, C.R.BUILDINGS, I.S.PRESS ROAD, KOCHI - 682018BY ADVS.SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTSRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE: SMT. SIJI TONOFLAT NO.12A, EXPRESS ESTATE, KALOOR, KOCHI – 682 017.BY ADVS.SRI.M.GOPIKRISHNAN NAMBIARSRI.K.JOHN MATHAISRI.JOSON MANAVALANSRI.KURYAN THOMASSRI.PAULOSE C. ABRAHAM THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 24.05.2023, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: SHAJI P. CHALY & SHOBA ANNAMMA EAPEN, JJ. --------------------------------------------------------- Income Tax Appeal No. 134 of 2019 --------------------------------------------------------- Dated this the 24[th] day of May, 2023. JUDGMENT SHAJI P. CHALY, J. This appeal is filed by the Revenue against the order dated19.12.2017 passed by the Income Tax Appellate Tribunal, CochinBench in ITA No. 31/Coch/2017 in respect of the assessment year2008-2009. 2. Learned counsel appearing for the Income TaxDepartment, Sri Christopher Abraham, and the learned counselappearing for the respondent, Sri. Kuryan Thomas, submitted thatthe subject issue is settled as per the settlement scheme, however,on certain terms and conditions. 3. The learned counsel appearing for the Income TaxDepartment further submitted that the terms and conditions of thesaid settlement is not so far fully complied with by the respondentassessee. Therefore, it is submitted that the appeal may be closed,recording the above aspect, however, with liberty to re-open thesame in the event of the respondent not complying with theconditions imposed as per the settlement scheme. Income Tax Appeal No. 134/2019 4. Accordingly, the appeal is disposed of, recording that the subject issue is settled as per the settlement scheme. But, sincethe conditions contained in the settlement scheme is not compliedwith fully by the respondent assessee, the appellant is given theliberty to re-open the appeal in the event the respondent assesseefails to comply with the terms and conditions of the scheme. sd/- SHAJI P. CHALY, JUDGE. Rv— sd/- SHOBA ANNAMMA EAPEN, JUDGE. APPENDIX OF ITA 134/2019 APPELLANTS’ANNEXURES: ANNEXURE ATRUE COPY OF THE ASSESSMENT ORDER U/S 143(3) R.W.S.263 OF THE IT ACT, DATED 28.03.2014ANNEXURE BTRUE COPY OF THE APPELLATE ORDER DATED 23.11.2016 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - II, KOCHIANNEXURE CTRUE COPY OF THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL ON 19.12.2017 RESPONDENTS’ ANNEXURES: NIL True Copy rv PS To Judge.