M/S. HINDACO EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD NO 3304 vs. THE COMMISSIONER OF INCOME TAX

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ITA/16/2015HC KeralaKLHC01025417201502 August 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the assessee had availed the remedy under the Vivad se Vishwas Scheme and did not intend to prosecute the appeal. Consequently, the assessee's counsel requested that the statement be placed on record and the appeal be withdrawn. The Court accepted this submission and passed an order dismissing the Income Tax Appeal as withdrawn. No decision on the merits of the original dispute was made.

What were the facts?

The assessee, M/s. Hindalco Employees Co-operative Credit Society Ltd, filed an Income Tax Appeal (ITA No. 16 of 2015) before the High Court of Kerala at Ernakulam. The appeal was against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA 812/2013. The respondent in the appeal was the Commissioner of Income Tax. The appeal was listed for admission on August 2, 2021.

What were the issues?

The High Court was to decide whether to admit the appeal. The specific grounds of appeal are not detailed in this excerpt. However, the procedural development indicates the core issue before the court was the continuation of the appeal. The assessee's counsel informed the court that the assessee had opted for the Vivad se Vishwas Scheme and therefore did not wish to pursue the appeal. The revenue's contentions are not recorded in this judgment.

AI-generated summary — verify with the full judgment below

ITA NO. 16 OF 2015 -1- 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 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 ITA NO. 16 OF 2015 AGAINST THE ORDER IN ITA 812/2013 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/APPELLANT: M/S. HINDALCO EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD NO 3304 ALUPRAM, KALAMASSERY - 682 501. BY ADV.SRI.O.K NARAYANAN ADV SMT.PREETHA S.NAIR RESPONDENT/RESPONDENT: THE COMMISSIONER OF INCOME TAX CR BUILDINGS, I S PRESS ROAD, ERNAKULAM, KOCHI - 682 018. BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.CRISTOPHER ABRAHAM-SC-TAXES THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA NO. 16 OF 2015 -2- J U D G M E N T S.V.Bhatti,J. Adv.Preetha.S.Nair appearing for the appellant informs the court that the assessee has availed the remedy under Vivad Se Vishwas Scheme and does not intend to prosecute the case. She requests the court to place the statement on record and withdraw the appeal. Income Tax Appeal is dismissed as withdrawn. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE JS

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