Ita/145/2019 Of The Principal Commissioner Of Income Tax v. Edacheri Service Co-Operative Bank Ltd

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 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT: THE PRINCIPAL COMMISSIONER OF INCOME TAXKOZHIKODE BY ADVS.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTK.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 ON29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 29th day of January 2021 S.V.Bhatti, J. Memo dated 14.01.2021 filed by Sri.Christopher Abraham, learnedSenior Standing Counsel, Income Tax Department to withdraw the appeal isordered. The appeal is accordingly dismissed as withdrawn. Sri.Christopher Abraham draws our attention to the judgment of thisCourt in I.T.A. No.74 of 2016 dated 11.11.2019 and states that refund ofproportionate court fee, taking into consideration the memo filed to withdrawthe appeal etc., has been granted. Refund of proportionate court fee is ordered. Hence the Registry makesrefund of court fee to the extent admissible in law. Sd/- S.V.BHATTI JUDGE css/ Sd/- BECHU KURIAN THOMAS JUDGE APPELLANT'S EXHIBITS: ANNEXURE A ANNEXURE B ANNEXURE C APPENDIX TRUE COPY OF THE ASSESSMENT ORDER DATED 12.1.2016 TRUE COPY OF THE APPELLATE ORDER DATED 16.5.2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS). TRUE COPY OF THE ORDER DATED 31.5.2018 PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL.