Ita/391/2010 Of The Commissioner Of Income Tax 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. 391 of 2010 AGAINST THE ORDER/JUDGMENT IN ITA 838/2008 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 23-04-2010 FOR THEASSESSMENT YEAR 2005-06 APPELLANT: THE COMMISSIONER OF INCOME TAX,THIRUVANANTHAPURAM. BY ADV. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, INCOME-TAX RESPONDENT: SHRI. N.AYYAPPAN UNNITHAN NARAYANA BHAVAN, TC 9/2196,KURUP'S LANE,SASTHAMANGALAM.P.O,, THIRUVANANTHAPURAM 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open.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 CHANDRANJUDGE jma Sd/- ASHOK MENONJUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ORDER U/S 153A/153 C R.W.S. 143 (3) OF THE ASSESSING OFFICERDATED 21/12/2006 ANNEXURE B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 11/04/2008 ANNEXURE C TRUE COPY OF THE ORDER OD THE APPELLATETRIBUNAL DATED 23/04/2010