THOMAS CHACKO vs. UNION OF INDIA,
What did the High Court hold?
The High Court accepted the memo dated February 4, 2021, filed by the appellant's counsel. Consequently, the appeal was dismissed as withdrawn. No decision was made on the merits of the original appeal. The operative direction was to dismiss the appeal as withdrawn.
What were the facts?
The appellant, Thomas Chacko, filed an Income Tax Appeal (ITA) No. 78 of 2018 before the High Court of Kerala at Ernakulam. This appeal was against an order/judgment dated March 15, 2018, passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA 283/2016. The respondent in the appeal was the Union of India, represented by the Secretary to the Government, Ministry of Finance. The appellant's counsel subsequently filed a memo on February 4, 2021, seeking permission to withdraw the appeal.
What were the issues?
The High Court was to decide whether to grant the appellant's request to withdraw the appeal. The appellant's counsel filed a memo seeking permission to withdraw the appeal. The revenue's contentions are not recorded in the judgment.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942 ITA.No.78 OF 2018 AGAINST THE ORDER/JUDGMENT IN ITA 283/2016 DATED 15-03-2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THOMAS CHACKO AGED 43 YEARS GROUP MUKKADAN, 32/1840, MAMMOOTTIL COMPLEX, PADIATTOM, EDAPALLY, KOCHI-682 024, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.THOMAS CHACKO. BY ADVS. SRI.A.KUMAR SRI.P.J.ANILKUMAR SMT.G.MINI SRI.P.S.SREE PRASAD RESPONDENT/S: UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI-110 001. R1 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT R1 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
I.T.A. No.78/2018 -2- J U D G M E N T Dated this the 8th day of February 2021 S.V. Bhatti, J. Counsel for the appellant has filed memo dated 04.02.2021 seeking permission to withdraw the appeal. Memo dated 04.02.2021 is accepted. The appeal is dismissed as withdrawn. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE jjj
I.T.A. No.78/2018 -3- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A: TRUE COPY OF THE ASSESSMENT ORDER DATED 25.03.2014. ANNEXURE B: TRUE COPY OF THE ORDER OF CIT(APPEALS) DATED 03.03.2016. ANNEXURE C: TRUE COPY OF THE TRIBUNAL ORDER DATED 15.03.2018.
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