THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. THE CHORODE SERVICE CO-OPERATIVE BANK LIMITED

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ITA/186/2019HC KeralaKLHC01087465201829 January 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS3 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the memo to withdraw the appeal. Consequently, the appeal filed by the Revenue was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal before the High Court against an order of the ITAT. The Revenue later filed a memo to withdraw the appeal.

What were the issues?

The primary issue was whether the Revenue's withdrawal of the appeal should be accepted by the Court.

AI-generated summary — verify with the full judgment below

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.186 OF 2019 AGAINST THE ORDER IN ITA 533/Coch/2017 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/RESPONDENT/RESPONDENT/REVENUE: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOZHIKODE. BY ADVS. SRI.CHRISTOPHER ABRAHAM, SR.STANDING COUNSEL, INCOME TAX DEPARTMENT SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT/APPELLANT/APPELLANT/ASSESSEE: M/S THE CHORODE SERVICE CO-OPERATIVE BANK LIMITED CHORODE, VADAKARA, KOZHIKODE. R1 BY ADV. SRI.P.RAGHUNATH R1 BY ADV. SRI.PREMJIT NAGENDRAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

I.T.Appeal No.186/19 -:2:- JUDGMENT 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 The appeal is accordingly dismissed as withdrawn. 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. 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 vps

I.T.Appeal No.186/19 -:3:- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 04.12.2015. ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 16.06.2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS). ANNEXURE C TRUE COPY OF THE ORDER DATED 20.06.2018 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL.

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