The High Court of Kerala dismissed both the connected miscellaneous application and the income tax appeal after finding that the legal issue was already covered by a previous decision in The Kannur District Cooperative Bank Ltd. v. CIT.
The I.T. Appeal and the C.M. Application were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
ITA.No. 6 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN ITA 407/Coh/2015 of INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH DATED 4.11.2015
APPELLANT/APPELLANT/APPELLANT/ASSESSEE:
THE KODUNGALLUR TOWN CO-OPERATIVE BANK LTD. HEAD OFFICE, KODUNGALLUR-680 664. REP:BY SANAL CHACKO GENERAL MANAGER.
BY ADVS.SRI.MOHAN PULIKKAL
SRI.P.BALAKRISHNAN (E) SRI.P.P.NARAYANAN SRI.K.S.MENON (K)
RESPONDNET/RESPONDENT/RESPONDENT
THE COMMISSIONER OF INCOME TAX, THRISSUR-680 001.
R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX
THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 11-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
ITA.No. 6 of 2016 ()
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A: COPY OF THE ASSESSMENT ORDER DATED 05.03.2013
ANNEXURE B: COPY OF THE ORDER DATED 10.04.2015 OF THE COMMISSIONER OF INCOME TAX (APPEALS), KOCHI, IN ITA NO.4/TCR/R.2/CIT(A)-V/13-14.
ANNEXURE D: COPY OF THE ORDER DATED 24.08.2012 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IN ITA NO.8/Coch/2011.
RESPONDENT'S EXHIBITS
NIL
//TRUE COPY//
P.A TO JUDGE
THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.
I.T.A.No.06 of 2016 & C.M.Appl.No.60 of 2016
Dated this the 11th day of February, 2016 J U D G M E N T
Anu Sivaraman, J.
It is submitted by the learned counsel for the appellant that the issue raised in this appeal stands covered against the appellant as per the decision in The Kannur District Cooperative Bank Ltd. v. Commissioner of Income Tax [365
ITR 343] . Therefore, the C.M.Application and the I.T.A are dismissed.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE)
(ANU SIVARAMAN, JUDGE)
The last sentence of the judgment dated 11/02/2016 in I.T.A.No.6/2016 and C.M.Appl.No.60/2016 is substituted as “Therefore, the I.T Appeal is Dismissed” instead of “Therefore, the C.M.Application and the I.T.A are dismissed.” vide order dated 21/03/2016 in I.A.No.682/2016 in I.T.A.No.6/2016.
Sd/Registrar (Judicial)
DG
3 issues framed by the court
Whether the issue raised in the income tax appeal stands covered against the appellant as per the decision in The Kannur District Cooperative Bank Ltd. v. CIT.
Whether the connected miscellaneous application and income tax appeal should be dismissed based on the reliance on the covered decision.
Whether the dismissal order should explicitly differentiate between the miscellaneous application and the income tax appeal.
Colour shows how this judgement treated each authority
The Kannur District Cooperative Bank Ltd. v. Commissioner of Income TaxRelied on¶31
The Kannur District Cooperative Bank Ltd. v. Commissioner of Income Tax [365 ITR 343]
1 provisions across 1 enactments
The Kodungallur Town Co-Operative Bank Ltd.
The Commissioner of Income Tax, Trissur
Thottathil B.Radhakrishnan
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
