THE COMMISSIONER OF INCOME TAX, COCHIN vs. M/S.FEDERAL BANK LTD.,

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ITA/395/2009HC KeralaKLHC01025156200904 October 2018Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE ASHOK MENON3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Kerala permitted the Revenue to withdraw the appeal. The learned Standing Counsel for the Revenue, on instructions, submitted that the appeal could be withdrawn based on the litigation policy of the Central Board of Direct Taxes. Consequently, the appeal was allowed to be withdrawn, leaving open the questions of law. No decision was made on the merits of the case. The operative direction was solely to permit the withdrawal of the appeal.

What were the facts?

This is an Income Tax Appeal (ITA No. 395 of 2009) filed by the Commissioner of Income Tax, Cochin, against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated December 17, 2004. The respondent is M/s. Federal Bank Ltd., Aluva. The appeal was heard by the High Court of Kerala at Ernakulam on October 4, 2018. The amount in dispute and the assessment year(s) are not specified in the provided text. The procedural history leading to this appeal is not detailed.

What were the issues?

The Tribunal did not have to decide any issues as the appeal was withdrawn. The Revenue, represented by the learned Standing Counsel, Government of India (Taxes), sought permission to withdraw the appeal based on the litigation policy framed by the Central Board of Direct Taxes. The assessee's contentions are not recorded as the appeal was withdrawn before any substantive arguments were presented. No specific questions of law were framed or debated in the provided text.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940 ITA.No. 395 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 6/2002 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 17-12-2004 APPELLANT/S: THE COMMISSIONER OF INCOME TAX, COCHIN COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: M/S.FEDERAL BANK LTD., ALUVA. BY ADV. SRI.JOSEPH KODIANTHARA (SR.) THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA 395/2009 2 JUDGMENT Vinod Chandran, J. The learned Standing Counsel, Government of India (Taxes) submits, on instructions, that the Revenue may be permitted to withdraw the appeal on the basis of the litigation policy framed by the Central Board of Direct Taxes. Hence, the appeal is permitted to be withdrawn, leaving open the questions of law. Sd/- K.VINOD CHANDRAN JUDGE Sd/- ASHOK MENON JUDGE

ITA 395/2009 3 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A COPY OF ORIGINAL ASSESSMENT ORDER DATED 30.11.2000 U/.143(3)R.W.S. 147 OF THE INCOME TAX ACT FOR THE ASST. YEAR 1993-94. ANNEXURE B COPY OF THE ORDER DATED 31.10.2001 OF THE COMMISSIONER OF INCOME TAX (APPEALS). ANNEXURE C COPY OF THE ORDER DATED 17.12.2004 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN ITA NO.6/COCH/2002 FOR THE ASST. YEAR 1993-94.

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