ANIL KUMAR GOPINATHAN vs. THE COMMISSIIONER OF INCOME TAX

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA, 1942 ITA.No.6 OF 2018 (AGAINST THE ORDER DATED 03.10.2017 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN ITA NO.287/COCH/2017) (ASSESSMENT YEAR 2009-2010) APPELLANT : ANIL KUMAR GOPINATHAN, TC 48/257 (6), SREENIDHI, NEAR PAZHANCHIRA TEMPLE, AMBALATHARA, THIRUVANANTHAPURAM, PIN – 695 026. BY ADVS. SRI.S.K.KRISHNAKUMAR SRI.E.G.GORDEN RESPONDENTS : 1 THE COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695 003. 2 THE INCOME TAX OFFICER, WARD-I (1), THIRUVANANTHAPURAM, PIN – 695 003. BY SC CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

ITA.No.6 OF 2018 2 JUDGMENT Dated this the 16th day of February 2021 S.V.Bhatti, J. Memo dated 08.02.2021 filed by Sri.Christopher Abraham, learned Senior Standing Counsel, Income Tax Department to withdraw the appeal is ordered. The appeal is accordingly dismissed as withdrawn.

Sri.Christopher Abraham draws our attention to the judgment of this Court in I.T.A. No.74 of 2016 dated 11.11.2019 and states that refund of proportionate court fee, taking into consideration the memo filed to withdraw the appeal etc., has been granted. Refund of proportionate court fee is ordered. Hence the Registry makes refund of court fee to the extent admissible in law. Sd/-

S.V.BHATTI, JUDGE

Sd/- BECHU KURIAN THOMAS, JUDGE RKM The name of Sri.Christopher Abraham, learned Standing Counsel, Income Tax Department in the 1st para of the judgment dated 16.02.2021 in ITA 6/2018 is deleted and the name of 'Adv.S.K.Krishnakumar, Counsel

ITA.No.6 OF 2018 3 for the appellant' is added, the name of Sri.Christopher Abraham is deleted from the second paragraph and the name of ''Adv.S.K.Krishnakumar' is added and in the last sentence the words 'to the appellant' is added to read it as “Hence the Registry makes refund of court fee to the appellant to the extent admissible in law' as per the order dated 30.07.2021 in IA.No.1/2021 in ITA.No.6/2018. Sd/- Deputy Registrar