Rp/528/2010 Of The South Indian Bank Ltd v. The Commissionr Of Incometax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 RP.No. 528 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN ITA.802/2009 DATED 16/12/2009 .................... REVIEW PETITIONER(S): RESPONDENT -------------------------------- THE SOUTH INDIAN BANK LTD., TRICHUR. BY ADV. SRI.P.BALAKRISHNAN (E) RESPONDENT(S): / APPELLANT --------------- THE COMMISSIONER OF INCOME TAX,TRICHUR. BY MR.JOSE JOSEPH, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.NO.528/2010 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A :COPY OF JUDGMENT DATED 16/12/2009 IN I.T.A.NO.1183/2009OF THE FULL BENCH. //TRUE COPY// jg PA TO JUDGE. C.N.RAMACHANDRAN NAIR & HARUN UL-RASHID &V.K.MOHANAN, JJJ. .................................................................... R.P.No.528 of 2010inI.T.A.No.802 of 2009 .................................................................... Dated this the 30th day of November, 2011. O R D E R Ramachandran Nair, J. This Review Petition is filed to revoke part of thejudgment dated 16/12/2009 wherein we have held that themain issue stands decided against the Review Petitioner(assessee) vide the Full Bench judgment in I.T.A.No.161/2009& connected cases. 2.Before us both sides agree that the issue decided bythe Full Bench does not arise in this appeal and so far as theissues raised in the appeal are concerned, the matter isalready sent back by the Full Bench to the Division Bench fordeciding those issues. We therefore allow the Review Petition by recalling thejudgment dated 16/12/2009 in the I.T.A. with a direction to the Registry to post I.T.A.No.802/2009 before the DivisionBench for hearing. (C.N.RAMACHANDRAN NAIR, JUDGE) (HARUN UL-RASHID, JUDGE) (V.K.MOHANAN, JUDGE) jg