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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943 ITA NO. 139 OF 2019 AGAINST THE ORDER IN ITA 417/2018 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE PRINCIPAL COMMISSIONER OF INCOME TAX THIRUVANANTHAPURAM BY ADV CHRISTOPHER ABRAHAM SC RESPONDENT/S: M/S OTTOOR SERVICE CO-OPERATIVE BNK LTD KALLAMBALAM, THIRUVANANTHAPURAM BY ADVS. SRI ADITHYA RAJEEV HOLDING FOR SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN OTHER PRESENT: ADV. ATHITHYA RAJEEV THIS INCOME TAX APPEAL HAVING COME UP FOR HEARING ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA No.139/2019 -2- J U D G M E N T S.V.Bhatti,J. Heard learned Standing Counsel Mr Christopher Abraham and Adv. Adhitya Rajeev, holding for Adv.T R Harikumar, for parties. 2. Appeal is filed against the order dated 26.10.2018 of Income Tax Appellate Tribunal, Cochin Bench in I.T.A No.417/Coch/2018. The subject matter of the appeal relates to the Assessment Year 2015-16. 3. The learned counsel appearing for the parties state 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 1 [2021] 431 ITR 1 (SC)

ITA No.139/2019 -3- Service Co-operative Bank Ltd v. Commissioner of Income Tax2 and the appeal could be dismissed 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) and questions are answered accordingly. Sd/- S.V.BHATTI JUDGE Sd/- VIJU ABRAHAM JUDGE jjj 2 (2016) 384 ITR 490 (Ker.)

ITA No.139/2019 -4- APPENDIX OF ITA 139/2019 PETITIONER ANNEXURE ANNEXURE -A TRUE COPY OF THE ORDER U/S 143(3) OF THE INCOME TAX ACT, 1961 OF THE ASSESSING OFFICER DATED 12.12.2017. ANNEXURE -B TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS), TRIVANDRUM DATED 13.7.18. ANNEXURE -C TRUE COPY OF THE ORDER OF THE ITAT IN ITA NO. 417/COCH/2018 FOR THE ASST.YEAR 2015-16 DATED 26/10/2018.