The Principal Commissioner Of ... vs M/S.The Chungathara Service ...
2021 Latest Caselaw 4725 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                     THE HONOURABLE MR.JUSTICE S.V.BHATTI

                                        &

                THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

           TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                                ITA.No.127 OF 2019

      AGAINST THE ORDER/JUDGMENT IN ITA 401/2017 DATED 12-06-2018 OF I T A
               TRIBUNAL/AGRL.I.T.ADDITIONAL .BENCH,ERNAKULAM


APPELLANT/S:

                THE PRINCIPAL COMMISSIONER OF INCOME TAX,
                KOZHIKODE.

                BY ADVS.
                CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT
                K.M.V.PANDALAI, INCOME TAX DEPARTMENT

RESPONDENT/S:

                M/S.THE CHUNGATHARA SERVICE CO-OPERATIVE BANK LTD.,
                CHUNGATHARA, MALAPPURAM.

                R1 BY ADV. SRI.S.ARUN RAJ
                R1 BY ADV. SMT.C.T.SUJA

      THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 09.02.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 I.T.A. No.127/2019
                                       -2-




                               JUDGMENT

Dated this the 9th day of February 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 The appeal is accordingly dismissed as withdrawn.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.

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 I.T.A. No.127/2019

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 16.3.2015

ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 30.5.2017 PASSED BY THE COMMISSIONER OF INCOME- TAX(APPEALS),

ANNEXURE C TRUE COPY OF THE ORDER DATED 12.6.2018 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL