Rp/474/2009 Of Samurai Techno Co.(P) Ltd v. The Commissioner Of Income Tax, Cochin

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 RP.No. 474 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN ITA.2/2005 Dated 30/06/2008 .................... REVIEW PETITIONER/APPELLANT/RESPONDENT ----------------------------------------------------- SAMURAI TECHNO CO.(P) LTD.05-59,GCDA COMMERCIAL COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, COCHIN-31.REPRESENTED BY SHRI.ALEX CHERIAN, NO.6,NEPTUNE COLONY, CHILAVANOOR, ERNAKULAM,KOCHI-20. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/RESPONDENT/APPELLANT ---------------------------------------------- THE COMMISSIONER OF INCOME TAX,COCHIN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/09/2009, ALONG WITH RP NO.489 OF 2009 & RP NO.492 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &V.K.MOHANAN, JJ. .................................................................... R.P. No.474 of 2009 in I.T.A. No.2 of 2005,R.P. No.489 of 2009 in I.T.A. No.9 of 2005 &R.P. No.492 of 2009 in I.T.A. No.12 of 2005 .................................................................... Dated this the 29th day of September, 2009. ORDER Ramachandran Nair, J. Review Petitions are filed against judgment in the connected I.T.Appeals contending that appeals were withdrawn because of assessee'sexpectation of relief from the Settlement Commission. However, it isconceded that Settlement Commission has refused to entertain theapplications and therefore, assessee is without relief. Since appealswere closed at the request of the counsel for the appellant and thecounsel now submits that the withdrawal of appeals was under amistake, we allow the Review Petitions by vacating the judgment in theI.T. Appeals and restore the appeals to file. Post the I.T. Appeals nextweek for hearing. C.N.RAMACHANDRAN NAIRJudge