THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. M/S.RAMANATTUKARA SERVICE CO-OPERATIVE BANK LTD.,
What did the High Court hold?
The High Court considered the memo dated 14.01.2021 filed by the learned Senior Standing Counsel for the Income Tax Department to withdraw the appeal. The Court ordered that the memo be taken into consideration. Consequently, the appeal was dismissed as withdrawn. The Court also noted that refund of proportionate court fee had been granted, taking into consideration the memo filed to withdraw the appeal. The Registry was directed to make the refund of court fee to the extent admissible in law. No other issues were decided on merits.
What were the facts?
This is an Income Tax Appeal filed by the Principal Commissioner of Income Tax, Kozhikode (Revenue) against an order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench. The appeal pertains to the assessment year(s) not specified in the judgment. The specific order of the ITAT under challenge is ITA No. 536/Coch/2017 dated 20.06.2018. The respondent in the appeal is M/s. Ramanattukara Service Co-operative Bank Ltd. The appeal was finally heard on 29.01.2021. A memo dated 14.01.2021 was filed by the Revenue's counsel seeking to withdraw the appeal.
What were the issues?
The primary issue before the High Court was whether the appeal filed by the Revenue should be allowed to be withdrawn. The Revenue, through its Senior Standing Counsel, Sri. Christopher Abraham, filed a memo seeking withdrawal of the appeal. The judgment does not record any specific arguments from the Assessee (M/s. Ramanattukara Service Co-operative Bank Ltd.) regarding the withdrawal. The court was presented with the Revenue's request to withdraw the appeal, and the subsequent order reflects the court's decision on this request.
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.181 OF 2019 AGAINST THE ORDER IN ITA 536/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.RAMANATTUKARA SERVICE CO-OPERATIVE BANK LTD., FAROOK COLLEGE P.O., KOZHIKODE. 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.181/19 -: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.181/19 -:3:- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 02/02/2016. ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 14/06/2017 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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