IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY &

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 24^TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945 ITA NO. 134 OF 2019 AGAINST THE ORDER DATED 19.12.2017 IN ITA 31/COCH/2017 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/APPELLANT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOCHI - 2, C.R.BUILDINGS, I.S.PRESS ROAD, KOCHI - 682018 BY ADVS.

SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE:

SMT. SIJI TONO FLAT NO.12A, EXPRESS ESTATE, KALOOR, KOCHI – 682 017.

BY ADVS.

SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SHAJI P. CHALY & SHOBA ANNAMMA EAPEN, JJ.

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Income Tax Appeal No. 134 of 2019 ---------------------------------------------------------

Dated this the 24th day of May, 2023.

JUDGMENT

SHAJI P. CHALY, J.

This appeal is filed by the Revenue against the order dated

19.12.2017 passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA No. 31/Coch/2017 in respect of the assessment year

2008-2009.

2. Learned counsel appearing for the Income Tax Department, Sri Christopher Abraham, and the learned counsel appearing for the respondent, Sri. Kuryan Thomas, submitted that the subject issue is settled as per the settlement scheme, however, on certain terms and conditions.

3. The learned counsel appearing for the Income Tax Department further submitted that the terms and conditions of the said settlement is not so far fully complied with by the respondent assessee. Therefore, it is submitted that the appeal may be closed, recording the above aspect, however, with liberty to re-open the same in the event of the respondent not complying with the conditions imposed as per the settlement scheme.

4. Accordingly, the appeal is disposed of, recording that the subject issue is settled as per the settlement scheme. But, since the conditions contained in the settlement scheme is not complied with fully by the respondent assessee, the appellant is given the liberty to re-open the appeal in the event the respondent assessee fails to comply with the terms and conditions of the scheme.

sd/-

SHAJI P. CHALY, JUDGE.

sd/-

SHOBA ANNAMMA EAPEN, JUDGE.

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APPENDIX OF ITA 134/2019 APPELLANTS’ ANNEXURES:

ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER U/S 143(3)

R.W.S.263 OF THE IT ACT, DATED 28.03.2014 ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED

23.11.2016 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - II, KOCHI ANNEXURE C TRUE COPY OF THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL ON 19.12.2017 RESPONDENTS’ ANNEXURES: NIL True Copy PS To Judge.

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