Ita/53/2012 Of The Commissioner Of Income Tax v. Dr.d.rajan

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940 ITA.No. 53 of 2012 AGAINST THE ORDER/JUDGMENT IN ITA 328/2009 of I.T.A.TRIBUNAL,COCHINBENCH DATED 03-08-2011 APPELLANT/S: 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/S: DR.D.RAJANKALPAKA PHARMACEUTICALS, ADOOR-691 523. BY ADVS.SRI.P.BENNY THOMASSMT.PREETHA S.NAIRSRI.K.JOHN MATHAISRI.KURYAN THOMASSRI.M.GOPIKRISHNAN NAMBIARSRI.P.GOPINATH OTHER PRESENT: SRI PKR MENON SR FOR GOI TAXES THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 14.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The learned Standing Counsel, Government of India(Taxes) submits that he has instruction from the Revenue towithdraw the appeal on the basis of the litigation policy. Insuch circumstance, the appeal is dismissed as withdrawn, but,however,leaving the questions of law open. Sd/- K.VINOD CHANDRANJUDGE jma Sd/-ASHOK MENONJUDGE ITA No.53/2012 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A ANNEXURE B ANNEXURE C ANNEXURE D TRUE COPY OF THE ORDER OF THE ASSESSING OFFICER U/S.271D DATED 29/03/2007. TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 02/03/2009. TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED 03/08/2011. TRUE COPY OF THE JUDGMENT OF THE HIGH COURT OFKERALA DATED 04/02/2011.