The Principal Commissioner Of ... vs The Principal Commissioner Of ...
2021 Latest Caselaw 3276 Ker

            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.131 OF 2019

   AGAINST THE ORDER IN ITA 602/Coch/2017 DATED 20-06-2018 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 LTD.,
             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.131/19                -: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as withdrawn.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

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A: TRUE COPY OF THE ASSESSMENT ORDER DATED 4/12/2015

ANNEXURE-B: TRUE COPY OF THE APPELLATE ORDER DATED 14/07/2017 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.