THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. THE CHORODE SERVICE CO-OPERATIVE BANK LTD.,

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ITA/131/2019HC KeralaKLHC01087511201829 January 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Kerala at Ernakulam ordered that the memo dated January 14, 2021, filed by the learned Senior Standing Counsel for the Income Tax Department to withdraw the appeal, be accepted. Consequently, the appeal was dismissed as withdrawn. The Court also noted that the refund of proportionate court fee, considering the memo filed to withdraw the appeal, had been granted in a previous similar case (I.T.A. No. 74 of 2016). Therefore, the Registry was directed to make a refund of court fee to the extent admissible in law. No decision was made on the merits of the original appeal.

What were the facts?

This matter concerns Income Tax Appeal No. 131 of 2019 filed before the High Court of Kerala at Ernakulam. The appellant is the Principal Commissioner of Income Tax, Kozhikode, and the respondent is M/s The Chorode Service Co-operative Bank Ltd., Chorode, Vadakara, Kozhikode. The appeal was filed against an order dated June 20, 2018, passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA No. 602/Coch/2017. The appeal was finally heard on January 29, 2021. A memo dated January 14, 2021, was filed by the Income Tax Department seeking to withdraw the appeal.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn, as per the memo filed by the appellant (Revenue). Contentions: Assessee: No specific contentions are recorded in the judgment regarding the assessee's arguments, as the appeal was withdrawn by the Revenue. Revenue: The Revenue, through its Senior Standing Counsel, filed a memo dated January 14, 2021, seeking to withdraw the appeal. The Revenue drew the Court's attention to a previous judgment in I.T.A. No. 74 of 2016 dated November 11, 2019, concerning the refund of proportionate court fee.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 ITA.No.131 OF 2019 AGAINST THE ORDER IN ITA 602/Coch/2017 DATED 20-06-2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/RESPONDENT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOZHIKODE BY ADVS. SRI.CHRISTOPHER ABRAHAM, SR.STANDING COUNSEL,INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/APPELLANT/APPELLANT/ASSESSEE: M/S THE CHORODE SERVICE CO-OPERATIVE BANK LTD., CHORODE, VADAKARA, KOZHIKODE R1 BY ADV. SRI.P.RAGHUNATH R1 BY ADV. SRI.PREMJIT NAGENDRAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

I.T.Appeal No.131/19 -:2:- JUDGMENT Dated this the 29th day of January, 2021 S.V.Bhatti

, J. Memo dated 14.01.2021 filed by Sri.Christopher Abraham, learned Senior Standing Counsel, Income Tax Department to withdraw the appeal is ordered. The appeal is accordingly dismissed as withdrawn. Sri.Christopher Abraham draws our attention to the judgment of this Court in I.T.A. No.74 of 2016 dated 11.11.2019 and states that refund of proportionate court fee, taking into consideration the memo filed to withdraw the appeal etc., has been granted. Refund of proportionate court fee is ordered. Hence the Registry makes refund of court fee to the extent admissible in law. Sd/-

S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE vps

I.T.Appeal No.131/19 -:3:- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-A: TRUE COPY OF THE ASSESSMENT ORDER DATED 4/12/2015 ANNEXURE-B: TRUE COPY OF THE APPELLATE ORDER DATED 14/07/2017 PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS) ANNEXURE-C: TRUE COPY OF THE ORDER DATED 20/06/2018 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL.

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