THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

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ITA/148/2014HC KeralaKLHC01026714201414 July 2014Author: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR.JUSTICE K.M.JOSEPH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the questions of law purported to be raised in the appeal had already been answered against the appellant by a previous judgment of the same Court in Commissioner of Income-Tax v. Lord Krishna Bank Ltd. {2011 339 ITR (Ker)}. Furthermore, the Court noted that this decision was followed in ITA No.33/2013 and connected cases, which pertained to the same assessee and were dismissed by a common judgment. Consequently, following the precedent set in Lord Krishna Bank Ltd.'s case, the appeal was dismissed. No specific issues were left undecided.

What were the facts?

The appellant, The Kottakkal Co-operative Urban Bank Ltd., represented by its General Manager, filed an Income Tax Appeal before the High Court of Kerala at Ernakulam. The appeal was against an order/judgment of the Income Tax Appellate Tribunal (ITAT), Cochin Bench, dated April 11, 2014, in ITA 546/2013. The respondent was the Assistant Commissioner of Income Tax, Circle 2 (2), Tirur. The appeal was admitted on July 14, 2014.

What were the issues?

1. Whether the questions of law raised in the appeal have already been answered against the appellant by this Court? (Question of law) Assessee's Contentions: The judgment does not record any specific contentions made by the assessee. The appeal is presented as a challenge to the ITAT's order. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue. The revenue is represented by the Government Pleader.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 14TH DAY OF JULY 2014/23RD ASHADHA, 1936 ITA.No. 148 of 2014 () ----------------------- (AGAINST THE ORDER/JUDGMENT IN ITA 546/2013 of I.T.A.TRIBUNAL,COCHIN BENCH DATED 11-04-2014) APPELLANT(S)/APPELLANT: -------------- THE KOTTAKKAL CO-OPERATIVE URBAN BANK LTD, KOTTAPPADI, KOTTAKKAL, MALAPURAM REPRESENTED BY ITS GENERAL MANAGER.

BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.C.S.SULEKHA BEEVI SMT.ROSIE ATHULYA JOSEPH SRI.JOSE JOSEPH (CHEMPLAYIL) RESPONDENT(S)/RESPONDENT: --------------- THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2 (2), TIRUR.

R BY GOVERNMENT PLEADER SRI.SUDHEESH KUMAR THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 14- 07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K. M. JOSEPH & A.K.JAYASANKARAN NAMBIAR, JJ. ========================= I.T.A. No. 148 of 2014 ========================= Dated this the 14th day of July 2014 J U D G M E N T K. M. Joseph, J. The questions of law, which are purported to be raised in this appeal, have already been answered against the appellant by virtue of the judgment of this Court in Commissioner of Income- Tax v. Lord Krishna Bank Ltd.{2011 339 ITR (Ker)}. More importantly, the said decision was followed in ITA No.33/2013 & connected cases pertaining to same assessee and the same were dismissed by a common judgment. Following the decision in Lord Krishna Bank Ltd.'s case(cited supra), the appeal will stand dismissed. Sd/- K. M. JOSEPH, JUDGE Sd/- A.K.JAYASANKARAN NAMBIAR, JUDGE dpk. /True copy/ PS to Judge.

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