Ita/460/2009 Of The Commissioner Of Income Tax v. M/S.south Malabar Gramin Bank

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 ITA.No. 460 of 2009() --------------------- ITA.66/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT: ----------------------------- THE COMMISSIONER OF INCOME TAX CALICUT. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- M/S.SOUTH MALABAR GRAMIN BANK MALAPPURAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &V.K.MOHANAN, JJ. ....................................................................I.T. Appeal No.460 of 2009 ....................................................................Dated this the 7th day of September, 2009. JUDGMENT Ramachandran Nair, J. Since issue raised is covered by our judgment in I.T.A. Nos.415and 417 of 2009 and connected cases, following the said judgment wedismiss the department appeals. Even though Standing Counselbrought to our notice that profit on sale of land and building is alsoincluded along with income from banking business, we notice from theassessment order that the amount involved is insignificant and there isno separate assessment of capital gains. Consequently we do not findany distinction in this case from other cases. Registry will attach acopy of the judgment in the above cases to form part of this judgment. C.N.RAMACHANDRAN NAIRJudge V.K.MOHANANJudge