Ita/72/2015 Of Karuvanthiruthy Service C0-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 16TH DAY OF JUNE 2016/26TH JYAISHTA, 1938 ITA.No. 72 of 2015 () ---------------------- AGAINST THE ORDER IN ITA 395/Coch/2014 of I.T.A.TRIBUNAL,COCHIN BENCHDATED 5.12.2014 APPELLANT/APPELLANT IN ITA:--------------------------- KARUVANTHIRUTHY SERVICE CO-OPERATIVE BANK LTD NO.D.2638 KARUVANTHIRUTHY, KOZHIKODE, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS/RESPONDENT IN ITA:------------------------------ 1. THE INCOME TAX OFFICER WARD NO.2(3), KOZHIKODE 673 001. WARD NO.2(3), KOZHIKODE 673 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE 673 001. AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE 673 001. 3. THE INCOME TAX APPELLATE TRIBUNAL, KOCHI - 682 018. KOCHI - 682 018. R1-R2 BY ADV. SRI.CHRISTOPHER ABRAHAM, BY ADV. SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 16-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA No.72/2015 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE FINANCIAL YEAR 2010-2011. FINANCIAL YEAR 2010-2011. ANNEXURE A2 A TRUE COPY OF THE ORDER DATED ISSUED BY THE CIT APPEALS CIT APPEALS ANNEXURE A3 A TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL IN ITA No.395/Coch/2014 dated 5.12.2014. APPELLATE TRIBUNAL IN ITA No.395/Coch/2014 dated 5.12.2014. true copy css/ P.S.TO JUDGE Antony Dominic & Dama Seshadri Naidu, JJ. ------------------------------------------- ITA No.72 of 2015-------------------------------------------- Dated this the 16[th] day of June, 2016 JUDGMENT Antony Dominic, J. In this appeal filed by the assessee, the challenge isagainst the order passed by the Income Tax AppellateTribunal in ITA No.395 of 2014 concerning theassessment year 2010-2011. The only issue raised in theappeal was with regard to the denial of deduction underSection 80(P) of the Income Tax Act by invoking theprovisions of Section 80(A)(5) of the Act. By the impugnedorder, the Tribunal dismissed the appeal. It is this orderwhich is under challenge before us. Having heard the learned counsel for the appellantand Sri.K.M.V.Pandalai, the learned counsel appearingfor the respondents, we find that the issue raised in thisappeal is fully covered by the judgment of this Court inITA No.212/2012 and connected cases. In that view ofthe matter, setting aside the impugned order passed by ITA No.72/2015 2 the Appellate Tribunal and directing that this appeal willalso be governed by the directions in the judgment in ITANo.212/2012 and connected cases, this appeal is disposedof. Sd/- Antony Dominic, Judge sd/-Dama Seshadri Naidu, Judge css/ true copy P.S.TO JUDGE