IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 ITA.No. 366 of 2009() --------------------- AGAINST THE ORDER OF THE ITAT, COCHIN BENCH IN MP.45/COCH/2003 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/ PETITIONER ---------------------------------------- THE COMMISSIONER OF INCOME TAX TRICHUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): / RESPONDENT --------------- M/S.KALLADA WINES, THRISSUR. ADV. SRI.P.BALAKRISHNAN (E) FOR R THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- ITA No.366 of 2009 --------------------------------- Dated, this the 12th day of November, 2010 J U D G M E N T Ramachandran Nair, J. This appeal is filed by the Revenue against the order of the Tribunal dismissing a Misc. Petition filed by the Department for modifying the order of the Tribunal in appeal. However, learned standing counsel pointed out that the main order of the Tribunal itself has been vacated by this Court vide judgment in ITA No.240/2009. So much so, this appeal has become infructuous. Therefore, we dismiss the appeal. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg