The Principal Commissioner Of ... vs The Principal Commissioner Of ...
2021 Latest Caselaw 3419 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.157 OF 2019

     AGAINST THE ORDER IN ITA 473/2017 DATED 20-06-2018 OF
                  I.T.A.TRIBUNAL,COCHIN BENCH


APPELLANT/RESPONDENT/RESPONDENT/REVENUE:

              THE PRINCIPAL COMMISSIONER OF INCOME TAX
              KOZHIKODE

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

RESPONDENT:

              M/S EDACHERI SERVICE CO-OPERATIVE BANK LTD.
              EDACHERI, VADAKARA, KOZHIKODE


     THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 ITA No.157 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 The appeal is accordingly dismissed as withdrawn.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

Css/ APPENDIX APPELLANT'S EXHIBITS:

ANNEXURE A: TRUE COPY OF THE ASSESSMENT ORDER DATED 12.01.2016.

ANNEXURE B: TRUE COPY OF THE APPELLATE ORDER DATED 16/05/2017 PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS)

ANNEXURE C: TRUE COPY OF THE ORDER DATED 20.06.18 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL.