THE COMMISSIONER OF INCOME TAX, vs. N.K.ASHRAF

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ITA/1705/2009HC KeralaKLHC01026466200904 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 permitted the Revenue to withdraw the appeal. The reasoning provided is that the Revenue's counsel, on instructions, requested permission to withdraw the appeal in accordance with the litigation policy of the Central Board of Direct Taxes. The court allowed this request, and the appeal was permitted to be withdrawn. The questions of law were left open. No specific findings were made on the merits of the case, and no operative directions were issued other than permitting the withdrawal of the appeal.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax (Central), Cochin, against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA No. 940/2007. The respondent is N.K. Ashraf. The specific assessment year(s) and the amount in dispute are not recorded in this judgment. The procedural history leading to this appeal before the High Court is that the Revenue has filed the present appeal challenging the decision of the ITAT.

What were the issues?

1. Whether the appeal filed by the Revenue should be permitted to be withdrawn. (Question of law) Assessee's Contention: Not recorded. Revenue's Contention: The learned Standing Counsel for the Revenue, on instructions, submitted that the Revenue may be permitted to withdraw the appeal based on the litigation policy framed by the Central Board of Direct Taxes.

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. 1705 of 2009 AGAINST THE ORDER/JUDGMENT IN ITA 940/2007 of I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THE COMMISSIONER OF INCOME TAX, (CENTRAL), COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: N.K.ASHRAF KUNHIPARI BUILDING,CHEROOTY ROAD,CALICUT. BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA 1705/2009 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 1705/2009 3 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER U/S 153A ANNEXURE B TRUE COPY OF THE ORDER OF THE CIT U/S 263 ANNEXURE C CERTIFIED/TRUE COPY OF THE COMPOSITE ORDER OF ITAT. ANNEXURE D TRUE COPY OF THE CBDT INSTRUCTION NO 5/2008 DATED 15.5.2008

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