THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. Q BURST TECHNOLOGIES PVT LTD
What did the High Court hold?
The High Court granted permission to the appellant (Revenue) to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.
What were the facts?
The Revenue filed an appeal before the High Court against an order of the ITAT. The Revenue later filed a memo praying for withdrawal of the appeal based on the latest litigation policy of the Income Tax Department.
What were the issues?
The primary issue was whether the Revenue should be permitted to withdraw its appeal based on its litigation policy.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941 ITA.No.74 OF 2016 AGAINST THE ORDER IN ITA 172/COCH/2015 DATED 17-11-2015 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/APPELLANT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. BY ADVS. SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEP SRI.K.M.V.PANDALAI INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE: Q BURST TECHNOLOGIES PVT LTD 3RD FLOOR, LEELA TOWERS, KESAVADASAPURAM, PATTOM P.O, TRIVANDRUM 695 502. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITA No.74/2016 -2- C.K. ABDUL REHIM, J. & ANU SIVARAMAN, J. ------------------------------------------------- I.T. Appeal No. 74 OF 2016 ------------------------------------------------- DATED THIS THE 11th DAY OF NOVEMBER, 2019 J U D G M E N T Abdul Rehim, J.: Standing counsel for Government of India (Taxes) had filed memo praying for withdrawal of the appeal, based on the latest litigation policy of the Income Tax Department. 2. Accordingly, permission is granted to the appellant for withdrawal of the appeal. The appeal stands dismissed as withdrawn. 3. The Registry shall make refund of the court fee to the extent admissible under the relevant statutory provisions. Sd/- C.K.ABDUL REHIM JUDGE Sd/- ANU SIVARAMAN JUDGE AMG
ITA No.74/2016 -3- APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER. ANNEXURE B TRUE COPY OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM. ANNEXURE C TRUE COPY OF THE ORDER PASSED BY ITAT, COCHIN BENCH IN ITA 173/COCH/2015 DATED 17.11.2015.
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