Rp/951/2021 Of The Principal Commissioner Of Income Tax v. The Nadakkal 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 BASANT BALAJI FRIDAY, THE 21 DAY OF JANUARY 2022 / 1ST MAGHA, 1943 RP NO. 951 OF 2021 AGAINST THE JUDGMENT DATED 25.10.2021 IN ITA 14/2020 OF HIGH COURT OF KERALAREVIEW PETITIONER: THE PRINCIPAL COMMISSIONER OF INCOME TAXTRIVANDRUM BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT RESPONDENT/RESPONDENT: M/S NADAKKAL SERVICE CO-OPERATIVE BANK LTDKOLLAM OTHER PRESENT: ADV C.A. JOJO THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21.01.2022, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- O R D E R S.V.Bhatti,J. Heard Mr Christopher Abraham, learned Senior Standing Counsel,and Mr C.A. Jojo for respondent. 2.The review of judgment dated 25.10.2021 is at the instance ofPrincipal Commissioner of Income Tax, Thiruvananthapuram, filedseeking the review of judgment dated 25.10.2021. This Court byreferring to Mavilayi and Chirackal Service Coperative Bank Ltddismissed the appeal filed by the Revenue. In the Review Petition, it ispointed out that the judgment under review is not covered by thejudgments referred to by us while disposing of the tax appeal. Theerrors pointed out by the Review Petitioner deal with admissiblededuction for one of the sources of interest earned by the assessee. The application for review of the judgment is not opposed by theAdvocate appearing for the assessee. This Court firstly for the errorspointed out in the Review Petition and that the review is not seriouslyopposed, is satisfied that the judgment dated 25.10.2021 needs to be recalled and thereafter Tax appeal considered on merits. Hence judgment dated 25.10.2021 is recalled, review is allowed. ITA No.14 of 2020 is restored to file. Post I.T.A No.14 of 2020 along withITA No. 7 of 2020. Sd/-S.V.BHATTIJUDGE Sd/-BASANT BALAJIJUDGE JS RP NO. 951 OF 2021 PETITIONER ANNEXURESAnnexure A1 -4- APPENDIX OF RP 951/2021 CERTIFIED COPY OF THE JUDGMENT IN ITA NO. 14/2020 DATED 25-10-2021