THE COMMISSIONER OF INCOME TAX vs. M/S.PUNALUR PAPER MILLS LTD.

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ITA/7/2008HC KeralaKLHC01026912200819 September 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The High Court of Kerala decided to dismiss the appeal as withdrawn, based on the submission of the learned Standing Counsel for the Revenue who indicated instructions to withdraw the appeal in accordance with the litigation policy. While the appeal was dismissed as withdrawn, the court explicitly stated that the questions of law were left open. No decision was made on the merits of the case.

What were the facts?

This case involves an Income Tax Appeal (ITA No. 7 of 2008) filed by the Commissioner of Income Tax, Thiruvananthapuram, against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated August 19, 2004. The appeal pertains to the assessment year 1989-90. The respondent is M/s. Punalur Paper Mills Ltd. The High Court of Kerala was hearing the appeal.

What were the issues?

The High Court of Kerala was to decide the Income Tax Appeal filed by the Revenue. The judgment does not explicitly state the specific questions of law or fact that were to be decided. However, the appeal was filed against an order of the ITAT. The Revenue, through its learned Standing Counsel, submitted that it had instructions to withdraw the appeal based on the litigation policy. No specific arguments from either the assessee or the revenue regarding the merits of the case are recorded in this judgment.

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 WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940 ITA.No. 7 of 2008 AGAINST THE ORDER/JUDGMENT IN ITA 25/2003 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 19-08-2004 ASSESSMENT YEAR 1989-90 APPELLANT: THE COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM. BY ADV. SRI.P.K.R. MENON, SR.COUNSEL GOI (TAXES) SRI. JOSE JOSEPH, SC FOR IT RESPONDENT: M/S.PUNALUR PAPER MILLS LTD. NELLI SENGUPTA SARANI, KILKOTA-700 087 BY ADV. SRI.E.K.NANDAKUMAR (SR.) SRI.ANIL D NAIR THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

I.T.A. NO.7/2008 2 JUDGMENT The learned Standing Counsel, Government of India (Taxes) submits that he has instruction from the Revenue to withdraw the appeal on the basis of the litigation policy. In such circumstance, the appeal is dismissed as withdrawn, but, however,leaving the questions of law open. Sd/- K.VINOD CHANDRAN JUDGE Sd/- ASHOK MENON jma JUDGE

I.T.A. NO.7/2008 3 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE STATEMENT OF TOTAL INCOME. ANNEXURE B TRUE COPY OF THE STATEMENT ON DEPRECIATION SIGNED BY THE AUTHORISED REPRESENTATIVE ANNEXED TO THE RETURN OF INCOME. ANNEXURE C TRUE COPY OF THE ORDER OF ASSESSING OFFICER DATED 25.3.1994. ANNEXURE D TRUE COPY OF THE ORDER OF ASSESSING OFFICER DATED 4.9.1995 GIVING EFFECT TO THE ORDER OF THE CIT (APPEALS) DATED 31.1.1995. ANNEXURE E TRUE COPY OF THE ORDER OF ASSESSING OFFICER U/S 154 DATED 31.3.1997. ANNEXURE F TRUE COPY OF THE GROUNDS OF APPEAL FILED BY THE ASSESSEE BEFORE CIT (APPEALS) ANNEXURE G TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) DATED 31.10.2002. ANNEXURE H TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED 19.8.2004.

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