IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 22431 of 2005(U) -------------------------- PETITIONER: --------------- LORD KRISHNA BANK LTD., INDIAN EXPRESS BUILDING, KALOOR, KOCHI 682 014, REPRESENTED BY ITS MD AND CEO (OFFICIATING) MR. V.K.GUPTA. BY ADV. SRI.JOSEPH MARKOSE, SENIOR ADVOCATE SRI.MITHUN MARKOS RESPONDENTS: --------------- 1. CHIEF COMMISSIONER OF INCOME TAX, KOCHI. 2. DY.COMMISSIONER OF INCOME TAX, CIRCLE (1), RANGE-1, ERNAKULAM. BY ADV. MR. JOSE JOSEPH, SC, IT. ADV. SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES) ADV. SRI.GEORGE K. GEORGE, SC . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 22431 OF 2005 ......................................................................... Dated this the 4th January, 2010 J U D G M E N T The learned Counsel for the petitioner submits that Ext.P5 impugned order was subjected to challenge before the statutory appellate authority wherein an order was passed in favour of the petitioner-Bank. Though the same has been subsequently taken up and challenged before the Income Tax Department, it is pending consideration. In the said circumstances, the learned Counsel submits that the Writ Petition may be permitted to be withdrawn with liberty to challenge the proceedings as and when necessitated . Liberty is granted and the Writ Petition is dismissed as withdrawn. P.R. RAMACHANDRA MENON, JUDGE. lk