THE KARARINAKAM SERVICE CO-OPERATIVE BANK LTD., vs. COMMISSIONER OF INCOME TAX,

PDF · subscribers
ITA/3/2019HC KeralaKLHC01098524201829 October 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI4 pages
AI SummaryAllowed

What did the High Court hold?

The High Court allowed the appeal, following the precedent set by the Supreme Court in the Mavilayi Service Co-operative Bank Ltd. case.

What were the facts?

The appeal was filed against an order of the Income Tax Appellate Tribunal for the assessment year 2010-11. The parties agreed that the issues were covered by a Supreme Court judgment.

What were the issues?

Whether the issues raised in the appeal are covered by the Supreme Court's judgment in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 ITA NO. 3 OF 2019 AGAINST THE ORDER IN ITA 180/2015 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE KARARINAKAM SERVICE CO-OPERATIVE BANK LTD., KURUVA, KADALAYI (P.O.,), KANNUR 670 007 BY ADVS. S.ARUN RAJ SMT.C.T.SUJA RESPONDENT/S: COMMISSIONER OF INCOME TAX, CALICUT 673 001. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

I.T.A. No.3/2019 -2- J U D G M E N T S.V. Bhatti, J. Heard Adv Arun Raj S and learned Standing Counsel Mr Christopher Abraham for parties. 2. Appeal is filed against the order dated 02.11.2015 of Income Tax Appellate Tribunal, Cochin Bench in I.T.A No.180/Coch/2015. The subject matter of the appeal relates to the assessment year 2010-11. 3. The learned counsel appearing for parties state that the questions raised in the appeal are substantially covered by the judgment of Supreme Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax1 and the appeal could be allowed by following the said judgment. 1 [2021] 431 ITR 1 (SC)

I.T.A. No.3/2019 -3- 4. The statement is placed on record. Accordingly, the Income Tax appeal is allowed by following the judgment of Supreme Court in Mavilayi Service Co-operative Bank Ltd. (supra). Sd/- S.V.BHATTI JUDGE Sd/- BASANT BALAJI JUDGE jjj

I.T.A. No.3/2019 -4- APPENDIX OF ITA 3/2019 PETITIONER ANNEXURE ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 28.3.2013 PASSED UNDER SECTION 143 (3) OF THE ACT FOR THE AY 2010-11 ANNEXURE B TRUE COPY OF THE ORDER DATED 3.12.2014 PASSED BY THE COMMISSIONER OF INCOME TAX APPEALS KOZHIKODE ANNEXURE C TRUE COPY OF THE COMMON ORDER DATED 2.11.2016 PASSED BY THE HONBLE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN FOR THE AY 2010-11

Recent GST High Court judgments

Search GST case law →