Ita/25/2009 Of The Commissioner Of Income Tax,Tvm v. Shri.k.sasidharan

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. 25 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 7/2001 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 23-09-2002 FOR THE BLOCKPERIOD FROM 01.04.1985 TO 23.02.1996 APPELLANT: THE COMMISSIONER OF INCOME TAX,TVM.THIRUVANANTHAPURAM BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)SRI.JOSE JOSEPH SC FOR INCOME TAX RESPONDENT: SHRI.K.SASIDHARAN MANOHARA CONSTRUCTIONS, THIRUVANANTHAPURAM. BY ADVS.SRI.E.K.NANDAKUMAR (SR.)SRI.DALE P.KURIEN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open.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 I.T.A 25/2009 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ORDER OF THE ASSESSINGOFFICER DATED 22.3.2001 ANNEXURE BCERTIFIED COPY OF THE INCOME TAX APPELLATE TRIBUNAL DATED 23.9.2002APPELLATE TRIBUNAL DATED 23.9.2002 ANNEXURE CTRUE COPY OF THE FILLED UP FORM 2B. ANNEXURE DTRUE COPY OF STATEMENTS FILED ALONG WITH FORM 2BWITH FORM 2B ANNEXURE ETRUE COPY OF REGULAR RETURN OF INCOME FILED FOR THE REMAINING PERIOD RELEVANTTO THE ASSESSMENT YEAR 1996-97 AFTER THE DATE OF SEARCH.FILED FOR THE REMAINING PERIOD RELEVANTTO THE ASSESSMENT YEAR 1996-97 AFTER THE DATE OF SEARCH. ANNEXURE F TRUE COPY OF THE RETURN OF INCOME TAX FOR THE ASSESSMENT YEAR 1997-98FOR THE ASSESSMENT YEAR 1997-98 ANNEXURE GTRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 1997-98THE ASSESSMENT YEAR 1997-98 ANNEXURE HTRUE COPY OF THE RELEVANT PAGES FROM THE SEIZED RECORDS SHOWING THAT THE ASSESSEE HAD RECEIVED RS. 6,90,000/- BYDD ON 20.5.1995 AND ANOTHER SUM OF RS. 1,65,000/- BY CASH ON 27.9.95THE SEIZED RECORDS SHOWING THAT THE ASSESSEE HAD RECEIVED RS. 6,90,000/- BYDD ON 20.5.1995 AND ANOTHER SUM OF RS. 1,65,000/- BY CASH ON 27.9.95