Ita v. The Commissiioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA, 1942 ITA.No.6 OF 2018 (AGAINST THE ORDER DATED 03.10.2017 OF THE INCOME TAX APPELLATETRIBUNAL, COCHIN BENCH IN ITA NO.287/COCH/2017)(ASSESSMENT YEAR 2009-2010) APPELLANT : ANIL KUMAR GOPINATHAN,TC 48/257 (6), SREENIDHI, NEAR PAZHANCHIRA TEMPLE, AMBALATHARA, THIRUVANANTHAPURAM, PIN – 695 026. BY ADVS.SRI.S.K.KRISHNAKUMARSRI.E.G.GORDEN RESPONDENTS : 1THE COMMISSIONER OF INCOME TAXAAYAKAR BHAVAN, KOWDIAR,THIRUVANANTHAPURAM, PIN - 695 003. 2THE INCOME TAX OFFICER,WARD-I (1), THIRUVANANTHAPURAM, PIN – 695 003. BY SC CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : S.V.Bhatti, J. JUDGMENT Dated this the 16th day of February 2021 Memo dated 08.02.2021 filed by Sri.Christopher Abraham,learned Senior Standing Counsel, Income Tax Department towithdraw the appeal is ordered. The appeal is accordingly dismissedas withdrawn. Sri.Christopher Abraham draws our attention to thejudgment of this Court in I.T.A. No.74 of 2016 dated 11.11.2019 andstates that refund of proportionate court fee, taking intoconsideration the memo filed to withdraw the appeal etc., has beengranted. Refund of proportionate court fee is ordered. Hence theRegistry makes refund of court fee to the extent admissible in law. Sd/- S.V.BHATTI, JUDGE RKM Sd/- BECHU KURIAN THOMAS, JUDGE The name of Sri.Christopher Abraham, learned Standing Counsel,Income Tax Department in the 1[st] para of the judgment dated 16.02.2021in ITA 6/2018 is deleted and the name of 'Adv.S.K.Krishnakumar, Counsel for the appellant' is added, the name of Sri.Christopher Abraham isdeleted from the second paragraph and the name of''Adv.S.K.Krishnakumar' is added and in the last sentence the words 'to theappellant' is added to read it as “Hence the Registry makes refund of courtfee to the appellant to the extent admissible in law' as per the order dated30.07.2021 in IA.No.1/2021 in ITA.No.6/2018. Sd/-Deputy Registrar