Ita/390/2010 Of The Commissioner Of Income Tax, Tvm v. Shri. N.ayyappan 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. 390 of 2010 AGAINST THE ORDER/JUDGMENT IN ITA 839/2008 ofI.T.A.TRIBUNAL,COCHIN BENCH FOR THE ASSESSMENT YEAR 2006-07 APPELLANT: THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)SRI.JOSE JOSEPH SC FOR INCOME TAX RESPONDENT: SHRI. N.AYYAPPAN UNNITHAN, NARAYANA BHAVAN, TC 9/2196, KURUP'S LANE, SATHEMANGALAM P.O., 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open. jma Sd/- K.VINOD CHANDRANJUDGE Sd/- ASHOK MENONJUDGE I.T.A. NO.390/2010 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ORDER U/S 153 A /153 C.R.W.S. 143 (3) OF THE ASSESSING OFFICER DATED 21/1/22007 ANNEXURE B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 11/04/2008 ANNEXURE CTRUE COPY OF THE ORDER OF THE APPELLATETRIBUNAL DATED 23.04.2010