Ita v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 ITA.No.168 OF 2016 AGAINST THE COMMON ORDER OF I.T.A.TRIBUNAL, COCHIN BENCH, COCHINDATED 06-03-2015 IN ITA 804/COCH/2013 – ASST. YEAR 2006-07 APPELLANT/ APPELLANT/ ASSESSEE :- M/S.GAC SHIPPING (INDIA) PVT. LTD.,GAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI - 682 003 REP. BY THE DIRECTOR, DR.ROY MATHEWS KOCHI - 682 003 REP. BY THE DIRECTOR, BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.DIVYA RAVINDRANSRI.V.P.NARAYANAN RESPONDENT/ RESPONDENT/ REVENUE : THE COMMISSIONER OF INCOME TAX,CENTRAL REVENUE BUILDING, I.S PRESS ROAD, KOCHI- 682 018 R1 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL GOI TAXESR1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON17.02.2021, ALONG WITH ITA.169/2016, ITA.170/2016, THE COURT ONTHE SAME DAY DELIVERED THE FOLLOWING: 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 ITA.No.169 OF 2016 AGAINST THE COMMON ORDER OF I.T.A.TRIBUNAL, COCHIN BENCH,COCHIN DATED 06-03-2015 IN ITA 803/COCH/2013 – ASST. YEAR2006-07 APPELLANT/ APPELLANT/ ASSESSEE :- M/S.GAC SHIPPING (INDIA) PVT. LTDWILLINGDON ISLAND, KOCHI – 682 003 REP.BY THE DIRECTOR, DR. ROY MATHEWS GAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.DIVYA RAVINDRANSRI.V.P.NARAYANAN RESPONDENT/ RESPONDENT/ REVENUE : THE COMMISSIONER OF INCOME TAXCENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI – 682 018 R1 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL GOI TAXESR1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON17.02.2021, ALONG WITH ITA.168/2016, ITA.170/2016, THE COURTON THE SAME DAY DELIVERED THE FOLLOWING: 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 ITA.No.170 OF 2016 AGAINST THE COMMON ORDER OF I.T.A.TRIBUNAL, COCHIN BENCH,COCHIN DATED 06-03-2015 IN ITA 317/COCH/2014 – ASST. YEAR2006-07 APPELLANT/ APPELLANT/ ASSESSEE :- M/S.GAC SHIPPING (INDIA) PVT. LTDGAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI – 682 003, REPRESENTED BY THE DIRECTOR, DR.ROY MATHEWS GAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.DIVYA RAVINDRANSRI.V.P.NARAYANAN RESPONDENT/ RESPONDENT/ REVENUE : THE COMMISSIONER OF INCOME TAX,CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI – 682 018 R1 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL, GOI TAXESR1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON17.02.2021, ALONG WITH ITA.168/2016, ITA.169/2016, THE COURTON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 17th day of February 2021 S.V.Bhatti, J. Learned counsel V.P.Narayanan appearing for the appellant, seeksliberty of the Court to withdraw the appeals without prejudice to therights of the assessee to avail the benefit under 'Vivad Se Vishwas'scheme. Appellant is permitted to withdraw the appeals by granting theliberty as prayed for. The instant appeals are dismissed accordingly. Sd/-S.V.BHATTI, JUDGE Sd/-BECHU KURIAN THOMAS, JUDGE RKM