THE COMMISSIONER OF INCOME TAX vs. M/S. MUTHOOT BANKERS

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943 ITA NO. 21 OF 2013 AGAINST THE ORDER IN ITA 223/2010 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM APPELLANT/S: THE COMMISSIONER OF INCOME TAX-II COCHIN. BY ADV SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT/S: M/S. MUTHOOT BANKERS MUTHOOT TOWERS, M.G.ROAD, ERNAKULAM, KOCHI-682035. BY ADVS. SMT.BOBY M.SEKHAR SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN SRI.T.M.SREEDHARAN SR. OTHER PRESENT: SR ADV. S SREEDHARAN. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

I.T.A. No.21/2013 -2- J U D G M E N T S.V. Bhatti, J. Heard learned Standing Counsel Jose Joseph for the appellant and learned Senior Advocate S. Sreedharan for respondent. 2. At the request of Mr. Jose Joseph the appeal stood adjourned from time to time, from 17.02.2021 till date, to enable him to find out and get instructions from the appellant on the maintainability of the appeal, at the instance of the Department, in view of the CBDT Circular. 3. The matter is taken up today. The learned Counsel appearing for both the parties submit that having regard to the CBDT Circular and also the view taken by this Bench on 17.03.2021 in I.T.A. Nos.281/2009, 188/2012, 1466/2009 &

I.T.A. No.21/2013 -3- 101/2010 the appeal could be dismissed. We place on record the statement of the learned Counsel and are satisfied the appeal could be dismissed accordingly. Hence the appeal is dismissed. Sd/- S.V.BHATTI JUDGE Sd/- BECHU KURIAN THOMAS JUDGE jjj

I.T.A. No.21/2013 -4- APPENDIX APPELLANT'S ANNEXURES A : TRUE COPY OF THE ORDER OF THE ASSESSING OFFICER DATED 29.12.2007 B : TRUE COPY OF THE ORDER OF THE COMMISSIONER OF INCOME TAX DATED 04.03.2010 C : TRUE COPY OF THE LETTER DATED 28.06.2010 D : CERTIFIED COPY OF THE ORDER OF THE TRIBUNAL DATED 27.07.2012 E : TRUE COPY OF THE CONSEQUENTIAL ORDER OF THE ASSESSING OFFICER DATED 26.07.2010