Ita/26/2008 Of The Commissioner Of Income Tax v. M/S. Punalur Paper Mills Ltd

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. 26 of 2008 AGAINST THE ORDER/JUDGMENT IN ITA 26/2003 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 19-08-2004 FOR THEASSESSMENT YEAR 1990-91 APPELLANT: THE COMMISSIONER OF INCOME TAXTHIRUVANANTHAPURAM BY ADV. SRI.P.K.R. MENON, SR. COUNSEL GOI (TAXES) SRI. JOSE JOSEPH SC,IT RESPONDENT: M/S. PUNALUR PAPER MILLS LTDNELLI SENGUPTA SARANI, KOLKOTA 700 087 CALCUTTABY ADVS.SRI.ANIL D. NAIRSRI.E.K.NANDAKUMAR (SR.)SRI.K.JOHN MATHAISRI.P.BENNY THOMAS THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA NO.26/2008 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open.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 STATEMENT OF TATAL INCOMEINCOME ANNEXURE BTRUE COPY OF THE STATEMENT ON DEPRECIATION SIGNED BY THE AUTHORISED REPRESENTATIVE ANNEXED TO THE RETURN OFINCOME.REPRESENTATIVE ANNEXED TO THE RETURN OFINCOME. ANNEXURE CTRUE COPY OF THE ORDER OF ASSESSING OFFICER DATED 25-3-1994.OFFICER DATED 25-3-1994. ANNEXURE DTRUE COPY OF THE ORDER OF ASSESSING OFFICER DATED 4-9-21995 GIVING EFFECT TO THE ORDER OF THE CITA(APPEALS) DATED31-1-1995.OFFICER DATED 4-9-21995 GIVING EFFECT TO THE ORDER OF THE CITA(APPEALS) DATED31-1-1995. ANNEXURE ETRUE COPY OF THE ORDER OF ASSESSING OFFICER U/S 154 DATED 31-3-1997OFFICER U/S 154 DATED 31-3-1997 ANNEXURE FTRUE COPY OF THE GROUNDS OF APPEAL FILED BY THE ASSESSEE BEFORE CIT (APPEALS)FILED BY THE ASSESSEE BEFORE CIT (APPEALS) ANNEXURE GTRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 31-10-2002COMMISSIONER OF INCOME TAX (APPEALS) DATED 31-10-2002 ANNEXURE HTRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED 19-08-2004.TAX APPELLATE TRIBUNAL DATED 19-08-2004.