THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. SHRI.P.P.UMMERKUTTY
What did the High Court hold?
The High Court noted the submission made by the learned Senior Counsel for the assessee regarding the non-maintainability of the appeal due to the litigation policy of the Central Board of Direct Taxes. In light of this submission, the Court permitted the appeal to be withdrawn. The question of law was expressly left open. No decision was made on the merits of the case.
What were the facts?
This is an appeal filed by the Principal Commissioner of Income Tax against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench. The appeal pertains to the block period from 1987-88 to 1997-98. The specific order of the ITAT under challenge is recorded as 'OTHERS 1/2013' dated 09-03-2016. The assessee is Shri. P.P. Ummerkutty. The appeal was heard by the High Court of Kerala.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable in light of the litigation policy framed by the Central Board of Direct Taxes? Contentions: Assessee: The learned Senior Counsel for the assessee submitted that the appeal is not maintainable due to the litigation policy framed by the Central Board of Direct Taxes. Revenue: No specific contentions were recorded for the Revenue in the judgment.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The learned Senior Counsel submits that the appeal is not maintainable due to the litigation policy framed by the Central Board of Direct Taxes. In such circumstance, the appeal is permitted to be withdrawn leaving open the question of law. K.VINOD CHANDRAN JUDGE ASHOK MENON JUDGE
ITA No.98/2016 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE AOF ASSESSMENT ORDER DATED 5.3.1999 PASSED BY THE DY. COMMISSIONER OF INCOME-TAX, INVESTIGATION CIRCLE, CALICUT ANNEXURE BOF APPELLATE ORDER PASSED BY THE COMMISSIONER OF INCOME -TAX (APPEALS), COCHIN ON 23.7.1999 ANNEXURE COF ORDER PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL ON 28.12.2001 ANNEXURE DOF JUDGMENT DATED 3.11.2009 PASSED BY THIS HON'BLE COURT ANNEXURE EOF PENALTY ORDER DATED 8.7.2002 PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX ANNEXURE FOF APPELLATE ORDER DATED 5.1.2005 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ANNEXURE GOF TRIBUNAL'S ORDER DATED 27.4.2007 ANNEXURE HOF PENALTY ORDER DATED 27.9.2010 ANNEXURE IOF APPELLATE ORDER DATED 21.11.2012 ANNEXURE JOF APPEAL FORM NO.36 WITH GROUNDS OF APPEAL FILED BEFORE THE TRIBUNAL ANNEXURE K CERTIFIED COPY OF INCOME-TAX APPELLATE TRIBUNAL DATED 9.3.2016
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