IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 ITA.No. 352 of 2010() --------------------- AGAINST ORDER DATED 30/03/2010 IN ITA.533/2006 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT ---------------------------------------- THE DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION), CHENNAI BY ADV.MR.P.K.R.MENON, SC FOR INCOME TAX SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- UAE EXCHANGE CENTRE, M.G.ROAD, KOCHI. ADV. SRI.JOSEPH MARKOSE, SENIOR ADVOCATE SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2011, ALONG WITH ITA NOS.361, 364, 365, 367, 371, 372, 374, 375& 388 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... I.T.A.Nos.352, 361, 364, 365, 367, 371, 372, 374, 375 & 388 of 2010 .................................................................... Dated this the 19th day of December, 2011. J U D G M E N T Ramachandran Nair, J. Assessments giving rise to these appeals filed by the Revenue were made based on advance ruling given by the Authority for Advance Ruling constituted under the Income Tax Act holding that respondent's operations in India attract tax under the Income Tax Act. Therefore, the limited dispute settled before the Tribunal is on the quantum, against which the Revenue is in appeals. However, when the appeals were taken up, both sides submitted that the advance ruling rendered by the authority stands cancelled by the Division Bench judgment of the Delhi High Court in U.A.E.Exchange Centre Ltd. v. Union of India & another, reported in 313 ITR 94. Since the learned Senior Standing Counsel for the Revenue submitted that SLP is admitted by the Supreme Court, we close these Income Tax Appeals as infructuous leaving it open to the Revenue to move ITA Nos.352 of 2010 & connected cases 2 application before this Court for reopening the appeals in the event the Supreme Court allows the SLP filed by the Revenue. In the event of re-opening of appeals, both sides are free to argue on merits of the appeals at that time. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg