THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. M/S.THE PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD.,

PDF · subscribers
ITA/151/2019HC KeralaKLHC01083789201811 November 2019Bench: HONOURABLE MR.JUSTICE C.K.ABDUL REHIM,HONOURABLE MRS. JUSTICE ANU SIVARAMAN3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted permission to the appellant (Revenue) to withdraw the appeal. The reasoning provided is that the withdrawal was sought based on the latest litigation policy of the Income Tax Department. Consequently, the appeal was dismissed as withdrawn. The Court also directed the Registry to refund the court fee to the extent admissible. No specific legal principle is established as the appeal was withdrawn before merits were considered.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Kozhikode, filed an Income Tax Appeal (ITA No. 151 of 2019) before the High Court of Kerala. This appeal was against an order passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA No. 279/Coch/2017 dated May 31, 2018. The respondent in this appeal was M/s. The Perinthalmanna Service Co-operative Bank Ltd., Malappuram. The appeal was admitted by the High Court on November 11, 2019.

What were the issues?

The High Court was to decide whether to grant permission to the appellant (Revenue) to withdraw the appeal. The Revenue's contention, as presented through a memo filed by the standing counsel, was that the withdrawal was based on the latest litigation policy of the Income Tax Department. The judgment does not record any specific arguments from the assessee regarding the withdrawal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941 ITA.No.151 OF 2019 AGAINST THE ORDER IN ITA 279/Coch/2017 DATED 31-05-2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/RESPONDENT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADVS. CHRISTOPHER ABRAHAM SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/APPELLANT/APPELLANT/ASSESSEE: M/S.THE PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD., MALAPPURAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA No.151/2018 -2- C.K. ABDUL REHIM, J. & ANU SIVARAMAN, J. ------------------------------------------------- I.T. Appeal No. 151 OF 2019 ------------------------------------------------- DATED THIS THE 11th DAY OF NOVEMBER, 2019 J U D G M E N T Abdul Rehim, J.: Standing counsel for Government of India (Taxes) had filed memo praying for withdrawal of the appeal, based on the latest litigation policy of the Income Tax Department. 2. Accordingly, permission is granted to the appellant for withdrawal of the appeal. The appeal stands dismissed as withdrawn. 3. The Registry shall make refund of the court fee to the extent admissible under the relevant statutory provisions. Sd/- C.K.ABDUL REHIM JUDGE Sd/- ANU SIVARAMAN JUDGE AMG

ITA No.151/2018 -3- APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A A TRUE COPY OF THE ASSESSMENT ORDER DATED 19.03.2014. ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 20.03.2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS). ANNEXURE C TRUE COPY OF THE ORDER DATED 31.05.2018 PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL.

Recent GST High Court judgments

Search GST case law →