Ita/50/2016 Of The Commissioner Of Income Tax-1, Kochi v. M/S. Appolo Tyres Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMASFRIDAY, THE 10 DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943ITA NO. 50 OF 2016 AGAINST THE ORDER IN ITA 359/2014 OF I.T.A.TRIBUNAL,COCHIN BENCH,ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX-1, KOCHI BY ADVS.SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)SRI.JOSE JOSEPH, SC, FOR INCOME TAXCHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT RESPONDENT/S: M/S. APPOLO TYRES LTD.CHERUPUSHPAM BUILDING, SHANMUGHAM ROAD, ERNAKULAM 682 031. BY SR. ADV JOSEPH MARKOS THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 10.09.2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA No.50/2016 J U D G M E N T S.V.Bhatti, J. Heard learned Counsel Mr. Christopher Abraham and Senior Counsel Mr. Joseph Markos for parties. 2.The Commissioner of Income Tax/Revenue is the appellant. M/s.Apollo Tyres Ltd., Kochi/Assessee is the respondent. The subject appeal is at the instance of Revenuefrom the order of Income Tax Appellate Tribunal (for short ‘theTribunal'), Cochin Bench in ITA No.359/Coch/2014 dated17.10.2014. The appeal deals with issues arising from thereturns filed for the Assessment Year 2006-07. 3.It has been brought to our notice that having regard to a few subsequent developments taking place before theTribunal with regard to the same Assessment Year and the ITA No.50/2016 orders passed therein, the prayers in the appeal are renderedineffective. The statement is placed on record and accepted. TheIncome Tax Appeal is dismissed as infructuous. The Registry isdirected to issue a copy of the recall order of even date and thejudgment, to the Revenue as well as the assessee. Sd/- S.V.BHATTIJUDGE Sd/- BECHU KURIAN THOMASJUDGE jjj APPENDIX OF ITA 50/2016 PETITIONER ANNEXURE ANNEXURE A COPY OF ASSESSMENT ORDER U/S. 143 (3) DATED 19.12.2008 FOR THE ASSESSING OFFICER FOR ASST. YEAR2006-2007. ANNEXURE BCOPY OF ASSESSMENT ORDER U/S. 143 (3) R.W.S 147 OF THE IT ACT 1961 DATED 22.12.2011 PASSED BY THE ASSESSING OFFICER FOR ASST. YEAR 2006-2007. ANNEXURE CCOPY OF THE CIT(A)'S ORDER NO. ITA-99/R-1/E/CIT-II/2011-12 DATED 13.02.2014 FOR THE A Y 2006-07. ANNEXURE D COPY OF THE ITAT'S ORDER IN ITA NO.359/COCH/2014 DATED 17.10.2014 FOR A Y 2006-07