Ita/355/2010 Of Commissioner Of Income Tax v. Dhanajayan Unnithan

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT 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. 355 of 2010 AGAINST THE ORDER/JUDGMENT IN ITA 837/2008 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 23-04-2010 FOR THEASSESSMENT YEAR 2006-07 APPELLANT: COMMISSIONER OF INCOME TAX,THIRUVANANTAPURAM. BY ADV. SRI.P.K.R. MENON, SR.COUNSEL GOI(TAXES) SRI. JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: DHANANJAYAN UNNITHAN,SASTHEMANGALAM, NARAYANA BHAVAN,TC.9/2196, KURUP'S LANE, THIRUVANANTHAPURAM-695 010. BY ADVS.SMT.NIVEDITHA 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: 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open.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 TRUE COPY OF THE ORDER U/S 153A/153C R.W.S. 143(3) OF THE ASSESSING OFFICER DATED 21.12.2007. ANNEXURE B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 11.4.2008. ANNEXURE C TRUE COPY OF THE ORDER OF THE APPELLATETRIBUNAL DATED 23.4.2010.