THE KOTTAYAM DISTRICT CO-OP. BANK LTD. vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1

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ITA/175/2014HC KeralaKLHC01026741201427 August 2014Author: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR,HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the issues raised in the present appeals (ITA Nos. 175 and 176 of 2014) were covered by the ratio of the judgment in I.T.A.No.258 of 2013. After considering the contents of that judgment, the Court concurred with the views expressed therein on the issues of law. Consequently, the appeals filed by the assessee were found to be without merit and were dismissed. The operative direction was the dismissal of the appeals. No issues were expressly left undecided.

What were the facts?

The assessee, The Kottayam District Co-op. Bank Ltd., filed two appeals (ITA Nos. 175 and 176 of 2014) before the High Court of Kerala at Ernakulam. These appeals were against an order passed by the Income Tax Appellate Tribunal, Cochin Bench. The respondent was The Asst. Commissioner of Income Tax, Circle-1, Kottayam. The High Court considered the appeals along with other related matters. The judgment does not specify the assessment years or the amount in dispute.

What were the issues?

1. Whether the issues raised in these appeals are covered by the ratio of the judgment in I.T.A.No.258 of 2013. (Question of law) Assessee's contentions: Not recorded in the judgment. Revenue's contentions: Not recorded in the judgment. However, the judgment implies that the revenue's position was upheld in I.T.A.No.258 of 2013, which covered the issues in the present appeals.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 27TH DAY OF AUGUST 2014/5TH BHADRA, 1936 ITA.No. 175 of 2014 () ----------------------- ITA 514/2013 of I.T.APPELLATE TRIBUNAL,COCHIN BENCH APPELLANT/APPELLANT : -------------------------- THE KOTTAYAM DISTRICT CO-OP. BANK LTD. CENTRAL JUNCTION, KOTTAYAM.

BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.C.S.SULEKHA BEEVI SMT.ROSIE ATHULYA JOSEPH SRI.JOSE JOSEPH (CHEMPLAYIL) RESPONDENT/RESPONDENT : ------------------------------- THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1 KOTTAYAM 686 001.

BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 27- 08-2014, ALONG WITH I.T.A.NO.176 OF 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & P.B.SURESH KUMAR, JJ. ----------------------------------------------- I.T.A. Nos.175 and 176 of 2014 ----------------------------------------------- Dated 27th August, 2014. J U D G M E N T Thottathil B.Radhakrishnan, J. The issues raised in these appeals stand covered against the appellant, as per the ratio of the judgment in I.T.A.No.258 of 2013. Having considered the contents of that judgment, we concur with the views expressed therein, on issues of law. These appeals, therefore, fail, and the same are, accordingly, dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sd/- P.B.SURESH KUMAR, JUDGE. tgs (true copy)

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