Ita/414/2010 Of The Commissioner Of Income Tax v. Shri.kochaniyan 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. 414 of 2010 AGAINST THE ORDER/JUDGMENT IN ITA 843/2008 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 23-04-2010 FOR THEASSESSMENT YEAR 2006-07 APPELLANT: THE COMMISSIONER OF INCOME TAX,THIRUVANANTHAPURAM BY ADV. SRI.P.K.R. MENON, SR.COUNSEL GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: SHRI.KOCHANIYAN UNNITHANNARAYANA BHAVAN, T.C 9/2196, KURUPS LANE, SASTHEMANGALAM P.O,THIRUVANANTHAPURAM - 695 010. BY ADVS.SRI.ANIL D. NAIRSRI.J.R.PREM NAVAZ 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open.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 Sd/- ASHOK MENON jma JUDGE I.T.A. NO.414/2010 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE ATRUE COPY OF THE ORDER U/S 153A/153 C RWS 143(3) OF THE ASSESSING OFFICER DATED 21.12.2007 ANNEXURE BTRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 11.4.2008ANNEXURE CTRUE COPY OF THE ORDER OF THE APPELLATETRIBUNAL DATED 23.4.2010