Ita/1645/2009 Of The Commissioner Of Income Tax v. N.k.ashraf

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940 ITA.No. 1645 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 938/2007 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 30-01-2009 APPELLANT/S: THE COMMISSIONER OF INCOME TAX (CENTRAL),COCHIN BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: N.K.ASHRAF,KUNHIPARI BUILDING,CHEROOTY ROAD, CALICUT. BY ADVS. SRI.E.K.NANDAKUMAR (SR.)SRI.K.JOHN MATHAISRI.P.BENNY THOMASSRI.P.GOPINATH THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Vinod Chandran, J. JUDGMENT The learned Standing Counsel, Government of India(Taxes) submits, on instructions, that the Revenue may bepermitted to withdraw the appeal on the basis of thelitigation policy framed by the Central Board of DirectTaxes. Hence, the appeal is permitted to be withdrawn,leaving open the questions of law. Sd/- K.VINOD CHANDRANJUDGE Sd/- ASHOK MENONJUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER U/S.153A.TRUE COPY OF THE ORDER OF THE CIT U/S.263.CERTIFIED/TRUE COPY OF THE COMPOSITE ORDER OF ITAT ANNEXURE B ANNEXURE C ANNEXURE D TRUE COPY OF THE CBDT INSTRUCTION NO.5/2008 DATED 15.5.2008