The Principal Commissioner Of ... vs M/S Edachery Service ...
2021 Latest Caselaw 3273 Ker

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 The appeal is accordingly dismissed as withdrawn.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

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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.