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

PDF · subscribers
ITA/235/2019HC KeralaKLHC01042731201906 September 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Kerala held that the appeal filed by the Revenue should be dismissed. This decision was based on the submission made by the Revenue's counsel that the issues involved in the appeal were substantially covered by the judgments of the Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax and Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. Consequently, the Court followed these precedents to dismiss the appeal. The questions of law were answered in line with these judgments. No specific issue was left undecided; the entire appeal was disposed of based on the cited authorities.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Kozhikode (Revenue), filed an appeal against an order dated January 17, 2019, passed by the Income Tax Appellate Tribunal (ITAT), Cochin Bench, in ITA No. 484/Coch/2018. The appeal pertains to the Assessment Year 2014-15. The respondent is M/s. Badagara Co-operative Rural Bank Ltd. The High Court of Kerala heard the appeal. The Revenue's counsel stated that the issues raised were covered by Supreme Court judgments in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax and Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. This statement was placed on record.

What were the issues?

1. Whether the appeal filed by the Revenue against the order of the ITAT for Assessment Year 2014-15 should be dismissed, considering the Supreme Court's judgments in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax and Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax. The Revenue argued that the questions raised in the appeal are substantially covered by the aforementioned Supreme Court judgments and therefore, the appeal could be dismissed by following those precedents. The judgment does not record any specific arguments from the respondent (assessee).

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 VIJU ABRAHAM MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 ITA NO. 235 OF 2019 AGAINST THE ORDER IN ITA 484/2018 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADV SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT RESPONDENT/S: M/S.BADAGARA CO-OPERATIVE RURAL BANK LTD., BADAGARA, KOZHIKODE. THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA No.235/2019 -2- J U D G M E N T S.V.Bhatti,J. Heard learned Standing Counsel Mr Christopher Abraham appearing for the appellant/Revenue. 2. Appeal is filed against the order dated 17.01.2019 of Income Tax Appellate Tribunal, Cochin Bench in I.T.A No.484/Coch/2018. The subject matter of the appeal relates to the Assessment Year 2014-15. 3. The learned counsel appearing for the Revenue states that the questions raised in the appeal are substantially covered by the judgments of Supreme Court in Mavilayi Service Co- operative Bank Ltd. v. Commissioner of Income Tax1 and Chirakkal Service Co-operative Bank Ltd v. Commissioner of Income Tax2 and the appeal could be dismissed by following the said judgments. 1 [2021] 431 ITR 1 (SC) 2 (2016) 384 ITR 490 (Ker.)

ITA No.235/2019 -3- The statement is placed on record. Accordingly, the Income Tax Appeal is dismissed by following the judgments in Mavilayi Service Co-operative Bank and Chirakkal Service Co- operative Bank (supra) and questions are answered accordingly. Sd/- S.V.BHATTI JUDGE Sd/- VIJU ABRAHAM JUDGE jjj

ITA No.235/2019 -4- APPENDIX OF ITA 235/2019 PETITIONER ANNEXURE ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 16/12/2016. ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 25/07/2018 PASSED BY THE COMMISSIONER OF INCOME - TAX (APPEALS). ANNEXURE C TRUE COPY OF THE ORDER DATED 17/01/2019 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL.

Recent GST High Court judgments

Search GST case law →