Ita/64/2017 Of M/S.eastern Condiments (P) Ltd v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942 ITA.No.64 OF 2017 AGAINST THE ORDER IN ITA 136/2015 DATED 08-10-2015 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: M/S.EASTERN CONDIMENTS (P) LTD.VI/91 EASTERN VALLEY, ADIMALI, IDUKKI DISTRICT. BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJA RESPONDENT/S: COMMISSIONER OF INCOME TAXAAYAKAR BHAVAN, IS PRESS ROAD, ERNAKULAM, COCHIN-682018. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 12.03.2021, ALONGWITH ITA.65/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.T.A. Nos.64 & 65/2017 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942 ITA.No.65 OF 2017 AGAINST THE ORDER IN ITA 137/2015 DATED 28-10-2015 OF I.T.A.TRIBUNAL,COCHINBENCH APPELLANT/S: M/S. EASTERN CONDIMENTS (P) LTD.VI/91 EASTERN VALLEY, ADIMALI, IDUKKI DISTRICT. BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJA RESPONDENT/S: COMMISSIONER OF INCOME TAXAAYAKAR BHAVAN, IS PRESS ROAD, ERNAKULAM, COCHIN.682018 SC CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 12.03.2021,ALONG WITH ITA.64/2017, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: J U D G M E N T [ ITA.64/2017, ITA.65/2017 ] Dated this the 12th day of March 2021 S.V. Bhatti, J. Appeals are at the instance of assessee. The orders dated 08.10.2015 and 28.10.2015 in I.T.A. No.136/Coch/2015 and I.T.A. No.137/Coch/2015 of the Income Tax Appellate Tribunal,Cochin Bench, Cochin, are assailed. 2. Advocate Arun Raj, on instructions received from assessee, informs the Court that the assessee has availed theoption to settle the dispute under 'Vivad Se Vishwas' scheme,now operated by the Government and the assessee has receivedcertificate in Form No.III. Therefore, the appeals are notpressed. I.T.A. Nos.64 & 65/2017 3.The statement is placed on record, and appeals aredismissed accordingly. The appellant is given liberty to file petition to recall theinstant order in the event the assessee is unable to comply withthe obligation stipulated in certificate in Form No.III. Sd/- S.V.BHATTIJUDGESd/- BECHU KURIAN THOMASJUDGE jjj APPENDIX OF ITA 64/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 25.12.2009 PASSED UNDER SECTION 143(3) OF THE ACT FOR THE AY 2007-08 ANNEXURE B TRUE COPY OF THE ORDER DATED 20.10.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), KOCHI FOR THE AY 2007-08 ANNEXURE C TRUE COPY OF THE ORDER DATED 8.10.2015 PASSED BY THE HONBLE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN FOR THE AY 2007-08 IN ITA 136/COCH/2015 APPENDIX OF ITA 65/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 15.12.2010 PASSED UNDER SECTION 143(3) OF THE ACT FOR THE AY 2008-09 ANNEXURE B TRUE COPY OF THE ORDER DATED 23.10.2014 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), KOCHI FOR THE AY 2008-09 ANNEXURE C TRUE COPY OF THE ORDER DATED 28.10.2015 PASSED BY THE HONBLE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN FOR THE AY 2008-09