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High Court of KeralaWA/215/2015dismissed

Valavoor Service Co-Operative Bank Ltd. v. Commissioner Of Income Tax

2015-02-03Honourable Mr.Justice K.Harilal,Honourable Mr.Justice Thottathil B.Radhakrishnan2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WA.No. 215 of 2015 () IN WP(C).33789/2014 ------------------------------------------- WP(C) 33789/2014 of HIGH COURT OF KERALA DATED 07-01-2015 APPELLANT/PETITIONER:

------------------ VALAVOOR SERVICE CO-OPERATIVE BANK LTD.

VALAVOOR P.O., KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.A.KUMAR RESPONDENTS/RESPONDENTS:

----------------------

1. COMMISSIONER OF INCOME TAX KOTTAYAM - 686 001.

2. JOINT DIRECTOR OF INCOME TAX (INTELLIGENCE) KOCHI - 682 018.

3. INCOME TAX OFFICER (INTELLIGENCE) NAVAATNAM, VELLAKINAR, ALAPPUZHA - 688 001.

BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: smv

THOTTATHIL B.RADHAKRISHNAN & K. HARILAL, JJ.

----------------------------------------------- W.A. No. 215 of 2015 ----------------------------------------------- Dated this the 3rd day of February, 2015

J U D G M E N T

Thottathil B. Radhakrishnan,J.

This appeal is bound to fail in view of the fact that the issues raised stand concluded. The point is also against the assessee in terms of the judgment of the Hon'ble Supreme Court of India in Kathiroor Service Co-operative Bank Ltd. v. Commissioner of Income-Tax (CIB) and others [(2014)360 ITR 243]. The writ appeal is hence dismissed, however clarifying that this judgment does not in any way speak on the correctness or otherwise of the common judgment referred to in paragraph 3 of the impugned judgment of the learned single Judge. Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE Sd/- K. HARILAL, JUDGE //true copy// smv P.A. To Judge