Ita/279/2019 Of Mekkadmpu Service Co-Operative Bank Ltd v. The Income Tax Officer (I C)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.73 OF 2018 AGAINST THE ORDER IN ITA 324/2017 DATED 10-08-2018 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: ENANALLOOR SERVICE CO-OPERATIVE BANK LIMITEDNO. 1147 REP BY ITS SECRETARY, AYAVANA PO, MUVATTUPUZHA, ERNAKULAM DIST - 686668 BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENT/S: 1THE INCOME TAX OFFICER (1 AND C)5TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, KOCHI - 112THE JOINT DIRECTORDIRECTOR OF INCOME TAX (INTELLIGENCE) KOCHI, KANDAMKULATHY TOWERS, M.G. ROAD, KOCHI-11 , 6820163THE COMMISSIONER OF INCOME TAX (APPEAL), KADAVANTHRA KOCHI 682020 R1-3 BY ADV. SRI.P.K.RAVINDRANATHA MENON (SR.)R1-3 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX OTHER PRESENT: SC,IT- SRI.P.K.RAVINDRANATHA MENON (SR) THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.265/2019 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.265 OF 2019 AGAINST THE ORDER IN ITA 454/COCH/2019 DATED 07-08-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: KANMANAM SERVICE CO-OPERATIVE BANK LIMITEDNO.10555, REPRESENTED BY ITS SECRETARY, KANMANAM P. O., MALAPPURAM DISTRICT - 676556. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE)AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE - 673001.AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE - 673001. 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE), KOCHIKANDAMKULATHY TOWERS, M. G. ROAD, KOCHI - 11KOCHIKANDAMKULATHY TOWERS, M. G. ROAD, KOCHI - 11 3THE COMMISSIONER OF INCOME TAX (APPEAL)KADAVANTHRA, KOCHI - 682020.KADAVANTHRA, KOCHI - 682020. 4THE INCOME TAX OFFICERWARD - 1, TARIFF BAZAR, TIRUR - 676101.WARD - 1, TARIFF BAZAR, TIRUR - 676101. R1-4 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX SRI.P.K.RAVINDRANATHA MENON (SR.) THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.270 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 392/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: UZHUVA SERVICE CO-OPERATIVE BANK LIMITEDNO. 305, REPRESENTED BY ITS SECRETARY, PATTANAKKAD P.O. ALAPPUZHA DISTRICT. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE)VELLAKINAR, ALAPPUZHA 688 001.VELLAKINAR, ALAPPUZHA 688 001. 2THE JOINT DIRECTOR DIRECTOR OF INCOME TAX(INTELLIGENCE), KOCHI KANDAMKULATHY TOWERS, M.G. ROAD KOCHI-11(INTELLIGENCE), KOCHI KANDAMKULATHY TOWERS, M.G. ROAD KOCHI-11 3THE COMMISSIONER OF INCOMETAX (APPEALS), KADAVANTHRA. KOCHI 682 020 SRI.P.K.RAVINDRANATHA MENON (SR.) R1-3 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.271 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 235/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MANAKKAD SERVICE CO-OPERATIVE BANK LIMITEDNO.1796, REPRESENTED BY ITS SECRETARY, MANAKKAD P. O., THODUPPUZHA IDUKKI DISTRICT. 3THE COMMISSIONER OF INCOMETAX (APPEALS), KADAVANTHRA. KOCHI 682 020 SRI.P.K.RAVINDRANATHA MENON (SR.) R1-3 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.271 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 235/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MANAKKAD SERVICE CO-OPERATIVE BANK LIMITEDNO.1796, REPRESENTED BY ITS SECRETARY, MANAKKAD P. O., THODUPPUZHA IDUKKI DISTRICT. BY ADVS.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHSWATHY S RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND CI) 5TH FLOOR, KANDAMKULATHY TOWERS, M. G. ROAD, KOCHI - 682 011. 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE)KOCHI, KANDAMKULATHY TOWERS, M. G. ROAD, KOCHI - 682 011. 3THE COMMISSIONER OF INCOME TAX (APPEAL) KADAVANTHRA, KOCHI - 682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.272 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 216/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MULAKKUZHA SERVICE CO-OPERATIVE BANK LIMITED,NO.1224, REPRESENTED BY ITS SECRETARY, MULAKKUZHA P.O., CHENGANNUR, ALAPPUZHA DISTRICT - 689 505. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE) NAVARATNAM,VELLAKINAR, ALAPPUZHA - 688 001.VELLAKINAR, ALAPPUZHA - 688 001. 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE) KOCHI,KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI - 11. 3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI - 682 020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.273 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 442/2017 DATED 01-08-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: VETTAKKAL SERVICE CO-OPERATIVE BANK LIMITEDNO.1812 REPRESENTED BY ITS SECRETARY, VETTAKKAL,P.O, CHERTHALA, ALAPPUZHA DISTRICT BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE) NAVARATNAMVELLAKINAR, ALAPPUZHA-688001VELLAKINAR, ALAPPUZHA-688001 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE)KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-20(APPEAL), KADAVANTHRA, KOCHI-20 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.274 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 214/2017 DATED 20-06-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-20(APPEAL), KADAVANTHRA, KOCHI-20 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.274 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 214/2017 DATED 20-06-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: KARIKODE SERVICE CO-OPERATIVE LTD NO.4009 BANKREPRESENTED BY ITS SECRETARY, KEERIKODE P.O., THODUPUZHA EAST IDUKKI DISTRICT-685 620. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.275 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 441/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: ARTHINKAL VILLAGE SERVICE CO-OPERATIVE BANK LIMITEDNO.3772 REPRESENTED BY ITS SECRETARY, ARTHINKAL.P.O, ALAPPUZHA DISTRICT-688530 BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHKUM.S.SWATHY RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE) NAVARATNAMNAVARATNAM, VELLAKINAR, ALAPPUZHA-688001NAVARATNAM, VELLAKINAR, ALAPPUZHA-688001 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE) KOCHI, KANDAMKULATHY TOWER,M.G.ROAD,KOCHI-682011(INTELLIGENCE) KOCHI, KANDAMKULATHY TOWER,M.G.ROAD,KOCHI-682011 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.276 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 405/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: NEENDOOR SERVICE CO-OPERATIVE BANK LIMITEDNO. 2641 REPRESENTED BY ITS SECRETARY, NENDOOR P.O.KOTTAYAM DISTRICT . BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHS.SWATHY RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE)VELLAKINAR, ALAPPUZHA 688 001.VELLAKINAR, ALAPPUZHA 688 001. 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE) KOCHI. KANDAMKULATHY TOWER M.G. ROADKOCHI 11.(INTELLIGENCE) KOCHI. KANDAMKULATHY TOWER M.G. ROADKOCHI 11. 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI -20.(APPEAL), KADAVANTHRA, KOCHI -20. 4THE INCOME TAX OFFICER,(INTELLIGENCE), VELLAKINAR, ALLEPPEY 688 001. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.279 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 418/2019 DATED 08-07-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MEKKADAMPU SERVICE CO-OPERATIVE BANK LTD NO.4073BANK REPRESENTED BY ITS SECRETARY, MEKKADAMPU.P.O,ERNAKULAM DISTRICT. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.279 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 418/2019 DATED 08-07-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MEKKADAMPU SERVICE CO-OPERATIVE BANK LTD NO.4073BANK REPRESENTED BY ITS SECRETARY, MEKKADAMPU.P.O,ERNAKULAM DISTRICT. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.280 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 260/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THYCATTUSSERRY SERVICE CO-OPERATIVE BANK LIMITED NO.275REPRESENTED BY ITS SECRETARY, THYCATTUSSERRY.P.O., ALAPPUZHA DISTRICT. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),VELLAKINAR, ALAPPUZHA-688001. 2THE JOINT DIRECTORDIRECTOR OF INCOME TAX (INTELLIGENCE), KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11.DIRECTOR OF INCOME TAX (INTELLIGENCE), KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11. 3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI-20. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.287 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 230/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: POONITHARA SERVICE CO-OPERATIVE BANK LIMITED,E-840 REPRESENTED BY ITS SECRETARY, VAEGHESE K.Y., AGED 57, S/O.JACOB POONITHARA P.O., ERNAKULAM DISTRICT- 682038. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI- 682011. 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE) KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI- 682011. 3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI- 682020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.289 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 473/2015 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: KAKKOOR SERVICE CO-OPERATIVE BANK LIMITEDNO 163, REPRESENTED BY ITS SECRETARY, GRACY CHERIAN, AGED 58, W/O. GEORGE, KAKKOOR P.O, ERNAKULAM DISTRICT, PIN 686 662 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER(I AND C)5TH FLOOR, KANDAMKULATHY TOWERS, M.G ROAD, KOCHI 682 011 3THE COMMISSIONER OF INCOME TAX(APPEAL),KADAVANTHRA, KOCHI 682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.289 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 473/2015 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: KAKKOOR SERVICE CO-OPERATIVE BANK LIMITEDNO 163, REPRESENTED BY ITS SECRETARY, GRACY CHERIAN, AGED 58, W/O. GEORGE, KAKKOOR P.O, ERNAKULAM DISTRICT, PIN 686 662 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER(I AND C)5TH FLOOR, KANDAMKULATHY TOWERS, M.G ROAD, KOCHI 682 011 3THE COMMISSIONER OF INCOME TAX(APPEAL),KADAVANTHRA, KOCHI 682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.290 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 158/2017 DATED 27-10-2017 OFAGRL.I.T.ADDITIONAL .BENCH,ERNAKULAM APPELLANT/S: ELAVALLY SERVICE CO-OPERATIVE BANK LIMITED,NO.F-1456, REPRESENTED BY ITS SECRETARY, ELAVALLY P.O., MATTAM, THRISSUR DISTRICT- 680602. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.291 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 169/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: ALANGAD SERVICE CO-OPERATIVE BANK LIMITEDNO.E-661, REPRESENTED BY ITS SECRETARY, ALANGAD P.O., ERNKAULAM DISTRICT, PIN-683 511. BY ADV. SRI.C.A.JOJO RESPONDENT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.292 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 297/2017 DATED 03-10-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: KAVALANGAD SERVICE CO-OPERATIVE BANK LIMITED,NO.1348 REPRESENTED BY ITS SECRETARY MADHUSOODHANA NAIR P.K., AGED 52 YEARS, S/O.KARUNAKARAN NAIR, NELLIAMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT- 686693. BY ADV. SRI.C.A.JOJO RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11.2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE) KOCHI,KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11.3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.293 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 211/2017 DATED 03-10-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.293 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 211/2017 DATED 03-10-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: VATANAPALLY SERVICE CO-OPERATIVE BANK LIMITEDNO.F 211, REPRESENTED BY ITS SECRETARY, THRITHALLURP.O., THRISSUR DISTRICT. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.294 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 232/2017 DATED 08-11-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: PALAKKUZHA SERVICE CO-OPERATIVE BANK LIMITEDNO.E 81 REPRESENTED BY ITS SECRETARY BABU JOHN, AGED 54 , S/O. JOHN,PALAKKUZHA P.O, ERNAKULAM DISTRICT-682 316 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER(I AND C), 5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE)KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11 3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA,KOCHI R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.295 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 225/2019 DATED 08-07-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THOTTIPPAL SERVICE CO-OPERATIVE BANK LIMITEDNO.634 REPRESENTED BY ITS SECRETARY, THOTTIPPAL P.O, THRISSUR DISTRICT. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.296 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 449/2019 DATED 01-10-2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THRIKKAKARA SERVICE CO-OPERATIVE BANK LIMITEDNO.E.148,REPRESENTED BY ITS SECRETARY, GIBI.I, AGED57, W/O.ASOKAN.T.S., VADDACODE P.O., KANGARAPPADY, ERNAKULAM DISTRICT, PIN-682 021 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C)5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE)KOCHI,KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011KOCHI,KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 0113THE COMMISSIONER OF INCOME TAX (APPEAL)KADAVANTHRA, KOCHI-682 020KADAVANTHRA, KOCHI-682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C)5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE)KOCHI,KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011KOCHI,KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 0113THE COMMISSIONER OF INCOME TAX (APPEAL)KADAVANTHRA, KOCHI-682 020KADAVANTHRA, KOCHI-682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.297 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 544/2015 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MUHAMMA SERVICE CO-OPERATIVE BANK LIMITEDNO. 1670 REPRESENTED BY ITS SECRETARY, C.S. SUNILKUMAR, AGED 46 YEARS, S/O. SUMITHRAN, MUHAMMA, P.O. CHERTHALA,ALAPPUZHA DISTRICT. 688 525. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C)NAVARATNAM , VELLAKKINAR, ALAPPUZHA 688 001. 2THE JOINT DIRECTOR OF INCOMETAX (INTELLIGENCE), KOCHI, KANDAMKULATHY TOWERS, M.G. ROAD, KOCHI 682 011. 3THE COMMISSIONER OF INCOME TAX, (APPEALS), KADAVANTHRA, KOCHI 682 020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.298 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 217/2017 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: EDATHALA SERVICE CO-OPERATIVE BANK LIMITEDREPRESENTED BY ITS SECRETARY, EDATHALA NORTH P.O., ALUVA, ERNAKULAM DISTRICT-683 564. BY ADV. SRI.C.A.JOJO RESPONDENT/S: R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.299 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 453/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: PANAVALLY SERVICE CO-OPERATIVE BANK LIMITED NO.E.901,REPRESENTED BY ITS SECRETARY, POOCHACKAL P.O., ALAPPUZHA DISTRICT. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE),NAVARATNAM, VELLAKINAR, ALAPPUZHA - 688 001.NAVARATNAM, VELLAKINAR, ALAPPUZHA - 688 001. 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE)KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI - 11.KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI - 11. 3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI.682 020KADAVANTHRA, KOCHI.682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.300 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 224/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: 3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI.682 020KADAVANTHRA, KOCHI.682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.300 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 224/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: UDUMBANNOOR SERVICE CO-OPERATIVE BANK LIMITED,NO.E.93, REPRESENTED BY ITS SECRETARY, UDUMBANNOOR.P.O., THODUPUZHA IDUKKI DISTRICT-685595. BY ADV. SRI.C.A.JOJO RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD,KOCHI-682011.2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE), KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011.3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.302 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 146/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: ORUMANAYUR SERVICE CO-OPERATIVE BANK LIMITEDNO.F.1456, REPRESENTED BY ITS SECRETARY, ORUMANAYUR P O, THRISSUR DISTRICT. BY ADV. SRI.C.A.JOJO RESPONDENT/S: THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.303 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 243/2017 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: PANANGAD SERVICE CO-OPERATIVE BANK LIMITED NO. 655REPRESENTED BY ITS SECRETARY, ASHA P.R, W/O SURESH BABU, AGED 51 YEARS,PANANGAD P.O.ERNAKULAM DISTRICT, PIN-682 506. BY ADV. SRI.C.A.JOJO RESPONDENT/S: 1THE INCOME TAX OFFICER (1 AND C1),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11.5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11. 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE)KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11.KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-11.3THE COMMISSIONER OF INCOME TAX (APPEAL),KADAVANTHRA, KOCHI.KADAVANTHRA, KOCHI. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.304 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 190/2016 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: UDAYAMPEROOR SERVICE CO-OPERATIVE BANK LIMITED NO.747REPRESENTED BY ITS SECRETARY, UDAYAMPEROOR P.O, ERNAKULAM DISTRICT 682 307 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWER, M.G ROD, KOCHI 682 0115TH FLOOR, KANDAMKULATHY TOWER, M.G ROD, KOCHI 682 011 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE), KOCHI.KANDAMKULATHY TOWERS, M.G ROAD, KOCHI 682 011 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.304 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 190/2016 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: UDAYAMPEROOR SERVICE CO-OPERATIVE BANK LIMITED NO.747REPRESENTED BY ITS SECRETARY, UDAYAMPEROOR P.O, ERNAKULAM DISTRICT 682 307 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWER, M.G ROD, KOCHI 682 0115TH FLOOR, KANDAMKULATHY TOWER, M.G ROD, KOCHI 682 011 2THE JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE), KOCHI.KANDAMKULATHY TOWERS, M.G ROAD, KOCHI 682 011 3THE COMMISSIONER OF INCOME TAX(APPEAL),KADAVANTHRA, KOCHI 682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.305 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 284/2017 DATED 15-11-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: CHERANALLUR SERVICE CO-OPERATIVE BANK LIMITED NO.62REPRESENTED BY ITS SECRETARY, CHERANALLUR.P.O., ERNAKULAM DISTRICT-680307. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.306 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 471/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MUVATTUPUZHA SERVICE CO-OPERATIVE BANK LIMITEDNO.E.781, REPRESENTED BY ITS SECRETARY, SUDHEER.K.,AGED 46, S/O.KRISHNAN NAIR, MUVATTUPUZHA.P.O., ERNAKULAM DISTRICT, PIN-686661. BY ADV. SRI.C.A.JOJO RESPONDENT/S: 1THE INCOME TAX OFFICER ( I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011.2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE), KOCHI, KANDAMKULATY TOWERS, M.G.ROAD, KOCHI-682011.3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.307 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 250/2017 DATED 09-11-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: KUNNUKARA SERVICE CO-OPERATIVE BANK LIMITEDNO.827, REPRESENTED BY ITS SECRETARY, SHIYAS.K.S., AGED 41 YEARS, S/O.SHAMSU, KUNNUKARA.P.O., ERNAKULAM DISTRICT-683524 BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011. 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE), KOCHI, KANDAMKULATY TOWERS, M.G.ROAD, KOCHI-682011.3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011. 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE), KOCHI, KANDAMKULATY TOWERS, M.G.ROAD, KOCHI-682011.3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.308 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 152/2017 DATED 23-08-2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: CHAVAKKAD SERVICE CO-OPERATIVE BANK LIMITEDNO.F-9991, REPRESENTED BY ITS SECRETARY, SAJU.M.J.,AGED 52, S/O.JACOB, CHAVAKKAD.P.O., THRISSUR DISTRICT-680506. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND CI),AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001. 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE), KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011.(INTELLIGENCE), KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011. 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.) BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.309 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 261/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: PALLIPPURAM VILLAGE SESRVICE CO-OPERATIVE BANK LIMITEDNO.335, REPRESENTED BY ITS SECRETARY, PALLIPPURAM P.O, ALAPPUZHA DISTRICT. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENT/S: 1THE INCOME TAX OFFICER (INTELLIGENCE)VELLAKINAR, ALAPPUZHA-688001. 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE)KOCHI.KANDAMKULATHY TOWERS,M.G.ROAD, KOCHI-11. 3THE COMMISSIONER OF INCOME TAX(APPEAL),KADAVANTHRA, KOCHI,PIN -682020. R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.311 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 217/2019 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: THODUPUZHA TOWN SERVICE CO-OPERATIVE BANK LTD.NO.I-233 BANK, REPRESENTED BY ITS SECRETARY, P.O.THODUPUZHA, IDUKKI DISTRICT-685584. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE) KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.312 OF 2019 RESPONDENT/S: 1THE INCOME TAX OFFICER (I AND C),5TH FLOOR, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011 2THE JOINT DIRECTOR OF INCOME TAX(INTELLIGENCE) KOCHI, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682 011 3THE COMMISSIONER OF INCOME TAX(APPEAL), KADAVANTHRA, KOCHI-682 020 R1-R3 SRI.P.K.RAVINDRANATHA MENON (SR.)BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 ITA.No.312 OF 2019 AGAINST THE ORDER/JUDGMENT IN ITA 159/2017 OFI.T.A.TRIBUNAL,COCHIN BENCH APPELLANT/S: MULLASSERY SERVICE CO-OPERATIVE BANK LIMITEDNO.R 280 REPRESENTED BY ITS SECRETARY, MULLASSERY.P.O, THRISSUR DISTRICT, PIN-680509 BY ADV. SRI.C.A.JOJO RESPONDENT/S: THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON19-11-2019, ALONG WITH ITA.73/2018 AND CONNECTED CASES, THECOURT ON 19-02-2020 DELIVERED THE FOLLOWING: ITA.73/18 & con. cases C.K. ABDUL REHIM & AMIT RAWAL, JJ. ------------------------------------------------- I.T.A.No.73 of 2018 & Nos.265, 270, 271, 272, 273, 274, 275, 276, 279, 280, 287, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 302, 303, 304, 305, 306, 307, 308, 309, 311 & 312 of 2019 ------------------------------------------------- Dated this the 19[th] day of February, 2020 JUDGMENT Amit Rawal, J. 1. This order shall decide 34 appeals preferred by various Co- operative Banks impugning the action of the Income TaxOfficer (Intelligence), asking for furnishing information underSection 133(6) of the Income Tax Act, 1961, hereinafter 'theAct', for short, for the financial years 2010-11, 2011-12 and2012-13. All the banks, after availing statutory remedy andremained unsuccessful before the Commissioner of Appealsas well as the Income Tax Appellate Tribunal, have preferredthese appeals, 34 in number. The Tribunal decided thematters on different dates; the orders impugned inITA.Nos.289/19, 290/19, 297/19, 298/19, 302/19, 303/19,304/19, 308/19 & 312/19 on 23.8.2017; in ITA.Nos.291/19, 292/19, 293/19 & 305/19 on 3.10.2017; ITA.Nos.287/19 &294/19 on 8.11.2017; ITA No.307/19 on 9.11.2017; ITANo.73/18 on 7.6.2018; ITA No.311/19 on 20.6.2019; ITANos.270/19, 271/19, 273/19, 275/19, 276/19, 279/19, 280/19,295/19, 200/19 & 309/19 on 8.7.2019; ITA No.274/19 on20.7.2019; ITA No.272/19 on 1.8.2019; ITA Nos.299/19 and265/19 on 7.8.2019; ITA No.306/19 on 4.9.2019 and ITANo.296/19 on 1.10.2019. 2.The facts have been taken from ITA.No.73/2018, which,according to the learned counsel, is the lead case foradjudication of the questions of law raised in all the appeals.The questions of law raised for consideration are as following:according to the learned counsel, is the lead case foradjudication of the questions of law raised in all the appeals.The questions of law raised for consideration are as following: (1) Whether the Income Tax Officer (Intelligence) isan authority to issue notice U/S 133(6) of theIncome Tax Act to the appellant prior toNotification No.77 of 2014 of the CBDT dated10.12.2014?an authority to issue notice U/S 133(6) of theIncome Tax Act to the appellant prior toNotification No.77 of 2014 of the CBDT dated10.12.2014? (2)Whether the notice U/S 133(6) issued by IncomeTax Officer (Intelligence) is valid prior toNotification No.77 of 2014 of the CBDT on thedelegation of power dated 10.12.2014?Tax Officer (Intelligence) is valid prior toNotification No.77 of 2014 of the CBDT on thedelegation of power dated 10.12.2014? (1) Whether the Income Tax Officer (Intelligence) isan authority to issue notice U/S 133(6) of theIncome Tax Act to the appellant prior toNotification No.77 of 2014 of the CBDT dated10.12.2014?an authority to issue notice U/S 133(6) of theIncome Tax Act to the appellant prior toNotification No.77 of 2014 of the CBDT dated10.12.2014? (2)Whether the notice U/S 133(6) issued by IncomeTax Officer (Intelligence) is valid prior toNotification No.77 of 2014 of the CBDT on thedelegation of power dated 10.12.2014?Tax Officer (Intelligence) is valid prior toNotification No.77 of 2014 of the CBDT on thedelegation of power dated 10.12.2014? (3)Whether the “Inquiry” u/s 133(6) in the absence ofan “enquiry” under any of the provisions of the Act,conducted by the Income Tax Officeran “enquiry” under any of the provisions of the Act,conducted by the Income Tax Officer (Intelligence) is right in the eye of law? (4)Whether the notice U/S 133(6) issued by IncomeTax Officer (Intelligence) is valid in the absenceof a formation of opinion as to whether it will beuseful for or relevant to any enquiry or proceedingunder the Act?Tax Officer (Intelligence) is valid in the absenceof a formation of opinion as to whether it will beuseful for or relevant to any enquiry or