M/S.GAC SHIPPING (INDIA) PVT. LTD vs. THE COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court granted the appellant liberty to withdraw the appeals without prejudice to their rights to avail the benefit under the 'Vivad Se Vishwas' scheme. Consequently, the appeals were dismissed.
What were the facts?
The assessee, M/s.GAC Shipping (India) Pvt. Ltd., filed three Income Tax Appeals before the High Court of Kerala. The appeals were against a common order of the ITAT, Cochin Bench.
What were the issues?
The primary issue was the assessee's request to withdraw the appeals to avail the benefit of the 'Vivad Se Vishwas' scheme.
AI-generated summary — verify with the full judgment below
Heard together (3 matters)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 ITA.No.168 OF 2016 AGAINST THE COMMON ORDER OF I.T.A.TRIBUNAL, COCHIN BENCH, COCHIN DATED 06-03-2015 IN ITA 804/COCH/2013 – ASST. YEAR 2006-07 APPELLANT/ APPELLANT/ ASSESSEE :- M/S.GAC SHIPPING (INDIA) PVT. LTD., GAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI - 682 003 REP. BY THE DIRECTOR, DR.ROY MATHEWS BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN RESPONDENT/ RESPONDENT/ REVENUE : THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S PRESS ROAD, KOCHI- 682 018 R1 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL GOI TAXES R1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 17.02.2021, ALONG WITH ITA.169/2016, ITA.170/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[ ITA.168/2016, ITA.169/2016 & ITA.170/2016 ] 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 ITA.No.169 OF 2016 AGAINST THE COMMON ORDER OF I.T.A.TRIBUNAL, COCHIN BENCH, COCHIN DATED 06-03-2015 IN ITA 803/COCH/2013 – ASST. YEAR 2006-07 APPELLANT/ APPELLANT/ ASSESSEE :- M/S.GAC SHIPPING (INDIA) PVT. LTD GAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI – 682 003 REP.BY THE DIRECTOR, DR. ROY MATHEWS BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN RESPONDENT/ RESPONDENT/ REVENUE : THE COMMISSIONER OF INCOME TAX CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI – 682 018 R1 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL GOI TAXES R1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 17.02.2021, ALONG WITH ITA.168/2016, ITA.170/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[ ITA.168/2016, ITA.169/2016 & ITA.170/2016 ] 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942 ITA.No.170 OF 2016 AGAINST THE COMMON ORDER OF I.T.A.TRIBUNAL, COCHIN BENCH, COCHIN DATED 06-03-2015 IN ITA 317/COCH/2014 – ASST. YEAR 2006-07 APPELLANT/ APPELLANT/ ASSESSEE :- M/S.GAC SHIPPING (INDIA) PVT. LTD GAC HOUSE, P.O.BOX NO.515, SUBRAMANIAN ROAD, WILLINGDON ISLAND, KOCHI – 682 003, REPRESENTED BY THE DIRECTOR, DR.ROY MATHEWS BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN RESPONDENT/ RESPONDENT/ REVENUE : THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI – 682 018 R1 BY ADV. SRI.P.K.R.MENON, SR.COUNSEL, GOI TAXES R1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 17.02.2021, ALONG WITH ITA.168/2016, ITA.169/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[ ITA.168/2016, ITA.169/2016 & ITA.170/2016 ] 4 JUDGMENT Dated this the 17th day of February 2021 S.V.Bhatti, J. Learned counsel V.P.Narayanan appearing for the appellant, seeks liberty of the Court to withdraw the appeals without prejudice to the rights of the assessee to avail the benefit under 'Vivad Se Vishwas' scheme. Appellant is permitted to withdraw the appeals by granting the liberty as prayed for. The instant appeals are dismissed accordingly. Sd/- S.V.BHATTI, JUDGE Sd/- BECHU KURIAN THOMAS, JUDGE RKM
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