THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. EDACHERI SERVICE CO-OPERATIVE BANK LTD.

ITA No.145 of 2019 1 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.145 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 472/2017 OF I.T.A.TRIBUNAL,COCHIN BENCH APPELLANT: THE PRINCIPAL COMMISSIONER OF INCOME TAX KOZHIKODE BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT K.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT: M/S EDACHERY SERVICE CO-OPERATIVE BANK LTD. EDACHERY, 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:

ITA No.145 of 2019 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 The appeal is accordingly dismissed as withdrawn.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 css/

ITA No.145 of 2019 3 APPENDIX APPELLANT'S EXHIBITS: ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 12.1.2016 ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 16.5.2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS). ANNEXURE C TRUE COPY OF THE ORDER DATED 31.5.2018 PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL.