IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 ITA.No. 1112 of 2009() ---------------------- ITA.649/COCH/2007 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, THRISSUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S.GOLD PLAZA INDIA PVT.LTD.,CEE PEE TOWERS,P.O.ROAD,THRISSUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- I.T.A. No. 1112 OF 2009 -------------------------------------------- Dated this the 30th day of September, 2009 JUDGMENT Ramachandran Nair, J. Standing counsel submitted that order appealed against is recalled by the Tribunal and fresh order is issued against which also the department has grievance. Even though he has prayed for substitution of the present order for the old one, we do not think that is the correct procedure. We therefore grant permission to the department to withdraw the appeal and file fresh appeal if they so desire against the order later issued by the Tribunal. Consequently the appeal is dismissed as withdrawn leaving freedom to the department to claim eligible court fee and file appeal against the later order issued by the Tribunal, if so desired. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 2