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

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ITA/154/2019HC KeralaKLHC01083775201811 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 The appeal was accordingly dismissed as withdrawn. The Court directed the Registry to refund the court fee to the extent admissible under the relevant statutory provisions. No decision was made on the merits of the case. The specific reasoning for the withdrawal was based on the Income Tax Department's litigation policy, as stated in the memo filed by the Revenue.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Kozhikode (Revenue), filed an Income Tax Appeal before the High Court of Kerala at Ernakulam. The appeal was against an order passed by the Income Tax Appellate Tribunal, Cochin Bench, in ITA No. 281/COCH/2017, dated May 31, 2018. The respondent in the appeal was M/s. The Perinthalmanna Service Co-operative Bank Ltd., Malappuram (Assessee). The appeal was admitted on November 11, 2019.

What were the issues?

1. Whether the appeal filed by the Revenue should be permitted to be withdrawn based on the latest litigation policy of the Income Tax Department. Contentions: Assessee: No specific contentions are recorded in the judgment for the assessee regarding the withdrawal of the appeal. Revenue: The Revenue, through its standing counsel, filed a memo praying for the withdrawal of the appeal, citing the latest litigation policy of the Income Tax Department.

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.154 OF 2019 AGAINST THE ORDER IN ITA 281/COCH/2017 DATED 31-05-2018 OF I.T.APPELLATE TRIBUNAL, COCHIN BENCH APPELLANT/APPELLANT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADVS. SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT/APPELLANT/ASSESSEE: M/S.THE PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD. MALAPPURAM. R1 BY ADV. SMT.LATHA ANAND THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.T. Rev. No.154/2019 -2- C.K. ABDUL REHIM, J. & ANU SIVARAMAN, J. ------------------------------------------------- I.T. Appeal No. 154 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. 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

O.T. Rev. No.154/2019 -3- APPENDIX PETITIONER'S EXHIBITS: ANNEXURE - 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.

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