Ita/83/2012 Of The Commissioner Of Income Tax v. Punalur Paper Mills Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940 ITA.No. 83 of 2012 AGAINST THE ORDER/JUDGMENT IN ITA 556/2009 ofI.T.A.TRIBUNAL,COCHIN BENCH DT. 19.07.2011 FOR THEASSESSMENT YEAR 2004-05 APPELLANT: THE COMMISSIONER OF INCOME TAXTHIRUVANANTHAPURAM BY ADV. SRI.P.K.R. MENON SR.COUNSEL GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: PUNALUR PAPER MILLS LTD.,LINDSAY TOWERS, 9TH FLOOR 13,NELLIE SENGUPTA SARANI KOLKATA PIN 700087 THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ::2 :: JUDGMENT The learned Standing Counsel, Government ofIndia (Taxes) submits that he has instruction from theRevenue to withdraw the appeal on the basis of thelitigation policy. In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open. jma Sd/- K.VINOD CHANDRANJUDGE Sd/-ASHOK MENONJUDGE I.T.A 83/2012 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A ANNEXURE B ANNEXURE C ANNEXURE D TRUE COPY OF THE ORDER OF THE ASSESSINGOFFICER 143(3) DATED 17.3.2009. TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) DATED 27.8.2009. TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED 19.7.2011. TRUE COPY OF THE CBDT'S INSTRUCTION NO.3/2011 DATED 9.2.2011.