THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. POONJAR SERVICE CO-OPERATIVE BANK LTD.

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ITA/55/2017HC KeralaKLHC01026131201722 October 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal, following the precedent set by the Supreme Court in Mavilayi Service Co-operative Bank Ltd. and the Kerala High Court in Chirakkal Service Co-operative Bank Ltd.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax against an order of the ITAT for the assessment year 2009-10. The parties agreed that the issues were covered by Supreme Court and High Court judgments.

What were the issues?

Whether the issues raised in the appeal are covered by existing Supreme Court and High Court judgments on similar matters.

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)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 22ND DAY OF OCTOBER 2021 / 30TH ASWINA, 1943 ITA NO. 55 OF 2017 AGAINST THE ORDER/JUDGMENT IN ITA 58/2015 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/RESPONDENT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOTTAYAM. BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/APPELLANT/APPELLANT/ASSESSEE: M/S. POONJAR SERVICE CO-OPERATIVE BANK LTD. POONJAR P.O, KOTTAYAM DISTRICT - 686 681. BY ADVS. SRI.A.KUMAR SMTG.MINI1748 THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 22.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA NO. 55 OF 2017 -2- J U D G M E N T S.V.Bhatti,J. Heard learned Senior Adv.P.K.Ravindranatha Menon and Adv.A.Kumar for parties. 2. Appeal is filed against the order dated 22.03.2017 of Income Tax Appellate Tribunal, Cochin Bench in I.T.A No.58/Coch/2015. The subject matter of the appeal relates to the assessment year 2009-10. 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. and others v. Commissioner of Income Tax and another1 and this Court in Chirakkal Service Co-operative Bank Ltd v. Commissioner of 1 [2021] 431 ITR 1 (SC)

ITA NO. 55 OF 2017 -3- Income Tax2 and the appeal decided by following the said judgments. 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). Sd/- S.V.BHATTI JUDGE Sd/- BASANT BALAJI JUDGE JS 2 (2016) 384 ITR 490 (Ker.)

ITA NO. 55 OF 2017 -4- APPENDIX APPELLANT'S ANNEXURES ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER U/S.143(3) DATED 30.12.2011. ANNEXURE B TRUE COPY OF THE ORDER OF THE COMMISSIONER (APPEALS) NO.ITA63/KTM/CIT(A)-IV/11-12 DATED 31.10.2014. ANNEXURE C TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN ITA.65/2016 DATED 18.10.2016. ANNEXURE D COPY OF THE CIRCULAR NO.18/2015 DATED 02.11.2015. ANNEXURE E TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL, IN ITA. NO.58/COCH/2015 & ITA.592/COCH/2014 DATED 22.03.2017.

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