M/S. TRINITY ARCADE PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court of Kerala, Ernakulam, considered the memo dated August 31, 2021, filed by the appellant's counsel, Advocate Mohan Pulickkal. The memo requested that the appeal be dismissed as withdrawn. The Court accepted the memo and, accordingly, dismissed Income Tax Appeal No. 48 of 2018 as withdrawn. The judgment does not delve into the substantive issues of the original appeal or the order of the ITAT. The decision is purely procedural, based on the assessee's request to withdraw the appeal. No specific reasoning beyond the acceptance of the withdrawal memo was provided, and no ratio decidendi for future cases on substantive matters can be derived from this judgment.
What were the facts?
This case involves an Income Tax Appeal (ITA No. 48 of 2018) filed by M/s. Trinity Arcade Private Limited against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, Ernakulam. The appeal was filed against ITA No. 43/2017 of the ITAT. The respondent in the appeal is the Commissioner of Income Tax, Kochi. The appeal was listed for hearing on September 3, 2021. A memo dated August 31, 2021, was filed by the appellant's counsel, Advocate Mohan Pulickkal, indicating a request to withdraw the appeal. This memo was placed on record and accepted by the Court.
What were the issues?
1. Whether the appeal filed by M/s. Trinity Arcade Private Limited against the order of the ITAT, Cochin Bench, in ITA No. 43/2017 should be dismissed as withdrawn. Assessee's Contention: The assessee, M/s. Trinity Arcade Private Limited, through its counsel Advocate Mohan Pulickkal, filed a memo dated August 31, 2021, requesting the dismissal of the appeal as withdrawn. No specific arguments were presented on the merits of the case. Revenue's Contention: The revenue, represented by Standing Counsel Sri Jose Joseph, did not present any arguments on the merits of the appeal. Their participation was limited to the procedural aspect of the withdrawal.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T S.V. Bhatti, J.
Heard Advocate Sri Mohan Pulickkal and Standing Counsel Sri Jose Joseph for parties.
Memo dated 31.08.2021 filed by Adv. Mohan Pulickkal is placed on record and accepted. ITA No.48/2018 is accordingly dismissed as withdrawn. S.V.BHATTI JUDGE VIJU ABRAHAM JUDGE jjj -3- APPENDIX OF ITA 48/2018 PETITIONER EXHIBITS EXHIBIT P1OF THE ASSESSMENT ORDER DATED 26/02/2014. EXHIBIT P2OF THE ORDER DATED 07/12/2016 OF THE COMMISSIONER OF INCOME TAX(APPEALS), KOCHI. EXHIBIT P3OF THE ORDER DATED 15/02/2018 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH. EXHIBIT P4OF THE COMPANY PETITION NO.91/2010 ON THE FILE OF THE COMPANY LAW BOARD, CHENNAI BENCH. EXHIBIT P5OF THE SETTLEMENT AGREEMENT DATED 12/11/2010 EXECUTED BY K.J. PAUL & ORS. EXHIBIT P6OF THE ORDER DATED 18/11/2010, PASSED BY THE COMPANY LAW BOARD, CHEENAI BENCH IN C.P.NO.91/2010.
Recent GST High Court judgments
Search GST case law →- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026