Ita/93/2011 Of The Commissioner Of Income Tax v. Essco Automobiles

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. 93 of 2011 AGAINST THE ORDER/JUDGMENT IN ITA 236/2010 ofI.T.A.TRIBUNAL,COCHIN BENCH DATED 09-02-2011 FOR THEASSESSMENT YEAR 2006-07 APPELLANT: THE COMMISSIONER OF INCOME TAX,TRIVANDRUM. BY ADV. SRI.P.K.R. MENON SENIOR COUNSEL GOI TAXES SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: ESSCO AUTOMOBILES,ESSCO BUILDING, 12/311, CHATHANPARA, THOTTAKKADU, ATTINGAL,, THIRUVANANTHAPURAM, PIN695 605. THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19.09.2018, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: ITA No.93/2011 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 In such circumstance, the appeal isdismissed as withdrawn, but, however,leaving thequestions of law open. Sd/- K.VINOD CHANDRANJUDGE Sd/- ASHOK MENON jma JUDGE ::3 :: APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE ATRUE COPY OF THE ORDER U/S 143(3) OF THE ASSESSING, OFFICER DATED 19.12.2008. ANNEXURE BTRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 28.12.2009. ANNEXURE CTRUE COPY OF THE PARTNERSHIP DEED.ANNEXURE DTRUE COPY OF THE ORDER OF THE TRIBUNAL.