Allowed

The Udma Service Co-Operative Bank LTD.NO.C319 v. the Commissioner of Income Tax (Appeals)

Kerala HC12 Jul 2021ITA/269/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an Income Tax Appeal filed by a co-operative bank against an order of the ITAT. The court applied a reported judgment of the same court in Mavilayi Service Co-operative Bank Ltd. and allowed the appeal, with no order as to costs.

What did the court decide?

ITA No. 269 of 2015 allowed in terms of the judgment in Mavilayi Service Co-operative Bank Ltd.; no order as to costs.

The Udma Service Co-Operative Bank LTD.NO.C319 Vs the Commissioner… — Income Tax | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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THE HONOURABLE MR.JUSTICE BECHU KURIAN THOMAS MONDAY, THE 12^TH DAY OF JULY 2021 / 21ST ASHADHA, 1943

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ITA NO. 269 OF 2015

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AGAINST THE ORDER/JUDGMENT IN ITA 248/2015 OF I.T.A.TRIBUNAL,COCHIN BENCH, ERNAKULAM

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APPELLANT/Appellant/Appellant/Assessee:

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THE UDMA SERVICE CO-OPERATIVE BANK LTD.NO.C319 REPRESENTED BY ITS SECRETARY, UDMA P.O,

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KASARAGOD -671 319

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BY ADV. SRI.T.R.HARIKUMAR

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RESPONDENT/Respondent/Respondent/Revenue:

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THE COMMISSIONER OF INCOME TAX (APPEALS) AAYKAR BHAVAN, MANANCHIRA, KOZHIKODE - 673 001.

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OTHER PRESENT:

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SC CHRISTOPHER ABRAHAM

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THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ITA No.269 of 2015 2

JUDGMENT

S.V.Bhatti, J.

Heard Adv.T.R.Harikumar and Adv.Christopher Abraham

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for parties.

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The appellant is a Co-operative bank and aggrieved by order dated 26.08.2015 in ITA No.248/Coch/2015 of Income Tax Appellate Tribunal, Cochin Bench, the present appeal under Section 260A of the Income Tax Act, 1961 (for short 'the Act') is filed.

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The subject appeal releates to a controversy in the finalisation of the assessment for the assessment year 2009-2010. The learned Advocates appearing for the parties submit that the view taken by the Tribunal in the order under appeal is unsustainable, in view of the judgment of The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut and another [2021 (1) KHC 303] and have further stated that the subject appeal could be allowed in terms of the said

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ITA No.269 of 2015 3

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reported judgment. The statement is placed on record and

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accepted.

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Appeal is allowed in terms of Mavilayi Service Co-operative

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Bank Ltd. v The Commissioner of Income Tax, Calicut (supra).

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No order as to costs.

Sd/-

S.V.BHATTI

JUDGE

Sd/-

BECHU KURIAN THOMAS

JUDGE

css/

ITA No.269 of 2015 4

APPENDIX

Appellant's Annexures:

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ANNEXURE-I	TRUE COPY OF THE CERTIFICATE DATED 22.12.2008, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD.
ANNEXURE-II	A TRUE COPY OF THE RELEVANT CLAUSES OF THE BYELAWS OF THE SOCIETY, AS AMENDED IN 2015 ALONG WITH REGISTRATION CERTIFICATE DATED 22.1.2015.
ANNEXURE III	TRUE COPY OF THE ASSESSMENT ORDER DATED 27.12.2011 IN PAN AAAAT3049B FOR THE FINANCIAL YEAR 2009-2010 ISSUED BY THE INCOME TAX OFFICER, WARD-2, KASARGOD.
ANNEXURE IV	A TRUE COPY OF THE ORDER IN APPEAL No.ITA- 254/KSD/CIT/CLT/2011-12 DATED 2.2.2015 OF THE COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE.
ANNEXURE V	CERTIFIED COPY OF THE ORDER DATED 26.8.2015 IN ITA No.248/COCH/2015 OF THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH.
ANNEXURE VI	A TRUE COPY OF THE ORDER DATED 30.9.2014 IN I.A.No.2364/2014 in ITA No.188 OF 2014.

The Udma Service Co-Operative Bank LTD.NO.C319 v. the Commissioner of Income Tax (Appeals)

Case brief

What is this about?

What did the court decide?

The Udma Service Co-Operative Bank LTD.NO.C319 v. the Commissioner of Income Tax (Appeals)

Case brief

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What did the court decide?

What the court decided

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