The Principal Commissioner Of ... vs M/S Hosdurgservice Co-Operative ...
2021 Latest Caselaw 3277 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.109 OF 2019

AGAINST THE ORDER IN ITA 551/2017 DATED 18-09-2018 OF I.T.A.TRIBUNAL,COCHIN BENCH


APPELLANT/S:

                 THE PRINCIPAL COMMISSIONER OF INCOME TAX,
                 KOZHIKODE.

                 BY ADV. SRI.CHRISTOPHER ABRAHAM

RESPONDENT/S:

                 M/S HOSDURGSERVICE CO-OPERATIVE BANK LTD HOSDURG,
                 HOSDURG, KASARGOD.

                 R1 BY ADV. SRI.T.MADHU
                 R1 BY ADV. SMT.C.R.SARADAMANI

      THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 ITA No. 109/2019
                                     -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dismissed as withdrawn.

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.

ITA No. 109/2019

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 ITA No. 109/2019

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE ASSESSMENT ORDER DATED 11.01.2016.

ANNEXURE B TRUE COPY OF THE APPELLATE ORDER DATED 13.06.2017 PASSED BY THE COMMISSIONER OF INCOME- TAX(APPEALS).

ANNEXURE C TRUE COPY OF THE ORDER DATED 18.09.2018 PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL.