Ita/389/2010 Of The Commissioner Of Income Tax v. Shri.vijayan 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. 389 of 2010 AGAINST THE JUDGMENT IN ITA 841/2008 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 23-04-2010 ASSESSMENTYEAR 2006-07 APPELLANT: THE COMMISSIONER OF INCOME TAXTHIRUVANANTHAPURAM BY SRI.P.K.R. MENON, SR. COUNSEL,GOI (TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: SHRI.VIJAYAN UNNITHAN NARAYANA BHAVAN, TC 9/2196,, KURUPS LANE, SASTHAMANGALAM PO,, THIRUVANANTHAPURAM-695010. BY ADVS.SMT.NIVEDITA 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open.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 CHANDRAN JUDGE jma Sd/- ASHOK MENONJUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A 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 COMMISSIONER OF INCOME TAX(APPEALS) DATED 11/04/2008 ANNEXURE C TRUE COPY OF THE ORDER OF THE APPELLATETRIBUNAL DATED 23/04/2010