Ita/166/2019 Of The Principal Commissioner Of Income Tax v. M/S The Villiapally 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.166 OF 2019 AGAINST THE ORDER IN ITA 531/2017 DATED 20-06-2018 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT: THE PRINCIPAL COMMISSIONER OF INCOME TAX,KOZHIKODE. BY ADVS.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTK.M.V.PANDALAI, INCOME TAX DEPARTMENT RESPONDENT: M/S THE VILLIAPALLY SERVICE CO-OPERATIVE BANK LTD.,VILLIAPALLY, VADAKARA, KOZHIKODE -673542. R1 BY ADV. SRI.P.RAGHUNATH R1 BY ADV. SRI.PREMJIT NAGENDRAN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 05-12-2019, THE COURT ON 29-01-2021 DELIVERED THE FOLLOWING: ITA No.166/2019 2 JUDGMENT Dated this the 29th day of January 2021 S.V.Bhatti, J. Memo dated 14.01.2021 filed by Sri.Christopher Abraham, learnedSenior Standing Counsel, Income Tax Department to withdraw the appealis ordered. The appeal is accordingly dismissed as withdrawn.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 towithdraw the appeal etc., has been granted. Refund of proportionate court fee is ordered. Hence the Registrymakes refund of court fee to the extent admissible in law. Sd/- S.V.BHATTI JUDGE css/ Sd/-BECHU KURIAN THOMAS JUDGE APPENDIX PETITIONER'S EXHIBITS: ANNEXURE -A:TRUE COPY OF THE ASSESSMENT ORDER DATED:23.11.2015. ANNEXURE-B:TRUE COPY OF THE APPELLATE ORDER DATED:15.06.2017 PASSED BY THE COMMISSIONEROF INCOME TAX(APPEALS). ANNEXURE-C:TRUE COPY OF THE ORDER DATED:20.06.2018 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL.