THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. M/S HOSDURGSERVICE CO-OPERATIVE BANK LTD HOSDURG,

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 ITA.No.109 OF 2019 AGAINST THE ORDER IN ITA 551/2017 DATED 18-09-2018 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADV. SRI.CHRISTOPHER ABRAHAM RESPONDENT/S: M/S HOSDURGSERVICE CO-OPERATIVE BANK LTD HOSDURG, HOSDURG, KASARGOD. R1 BY ADV. SRI.T.MADHU R1 BY ADV. SMT.C.R.SARADAMANI THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA No. 109/2019 -2- J U D G M E N T Dated this the 29th day of January 2021 S.V. Bhatti, J. Memo dated 14.01.2021 filed by Sri.Christopher Abraham, learned Senior Standing Counsel, Income Tax Department, to withdraw the appeal is ordered. The appeal is accordingly dismissed as withdrawn. 2. Sri.Christopher Abraham draws our attention to the judgment of this Court in I.T.A. No.74 of 2016 dated 11.11.2019 and states that refund of proportionate court fee, taking into consideration the memo filed to withdraw the appeal etc., has been granted.

ITA No. 109/2019 -3- 3. Refund of proportionate court fee is ordered. Hence the Registry makes refund of court fee to the extent admissible in law. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE jjj

ITA No. 109/2019 -4- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 11.01.2016. ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 13.06.2017 PASSED BY THE COMMISSIONER OF INCOME- TAX(APPEALS). ANNEXURE C TRUE COPY OF THE ORDER DATED 18.09.2018 PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL.