Ita/152/2009 Of The Commissioner Of Income Tax, Tvpm v. M/S. Baby Marine International, Kollam

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940 ITA.No. 152 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 268/2005 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 29-07-2008 ASSESSMENTYEAR 2000-2001 APPELLANT: THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R. MENON, SR.COUNSEL GOI (TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: M/S. BABY MARINE INTERNATIONAL, KOLLAMKALLUVILA, THANGASSERY, KOLLAM. BY ADVS.SMT.NIVEDITA A KAMATHSRI.ANIL D. NAIR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.T.A 152/2009 ::2 :: ::3 :: JUDGMENT The learned Standing Counsel, Government ofIndia (Taxes) submits that he has instruction from theRevenue to withdraw the appeal on the basis of thelitigation policy. In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open. Sd/- K.VINOD CHANDRANJUDGE jma Sd/- ASHOK MENONJUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE ATRUE COPY OF THE ORDER ASSESSING OFFICER 143(3)/147 DATED 17.1.2003. ANNEXURE BTRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) DATED 7.10.2004. ANNEXURE C TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED 29.7.2008.