Ita/45/2018 Of Vijaya Hospitality And Resorts Ltd v. The Commissioner Of Income Tax, Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY ,THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940 ITA.No. 45 of 2018 AGAINST THE ORDER/JUDGMENT IN ITA 96/2015 of I.T.A.TRIBUNAL,COCHINBENCH DATED 02-03-2018 APPELLANT/S: VIJAYA HOSPITALITY AND RESORTS LTD.37/991, 1ST FLOOR, EMMY SQUARE, SA ROAD, ELAMKULAM, ERNAKULAM - 682 020 (PAN ) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR , MR BABOO K.C. BY ADVS.SRI.GOPIKRISHNAN NAMBIAR M.SRI.JOHN MATHAI K.SRI.JOSON MANAVALANSRI.KURYAN THOMASSRI.PAULOSE C. ABRAHAMSRI.P. GOPINATH MENONSRI.RAJA KANNAN RESPONDENT/S: THE COMMISSIONER OF INCOME TAX, ERNAKULAMC R BUILDINGS, I S PRESS ROAD, ERNAKULAM, KOCHI - 682018. BY SRI.JOSE JOSEPH, SC THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 24.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Vinod Chandran, J. ConnectedmatterhasbeenconsideredinI.T.A.Nos.38,42 & 43 of 2018. The very same issue isdealt with here also. The assessment year in this Appealis 2010-2011. In such circumstances, the Income TaxAppeal shall stand allowed, restoring the appeal beforethe Income Tax Appellate Tribunal, for consideration onmerits, subject however to the condition of payment ofRs.25,000/- (Rupees twenty five thousand only) to theChief Minister's Distress Relief Fund, within a period ofone month from the date of receipt of certified copy ofthis judgment. We make it clear that the appellant wouldbe entitled to tax benefits, if any, with the payment ofthe aforeasid amount to the Chief Minister's DistressRelief Fund. Sd/- K.VINOD CHANDRAN JUDGE Sd/- ASHOK MENONJUDGE APPENDIX dkr /TRUE COPY/PA TO JUDGE