M/s.Umayanalloor Service Co-op Bank Ltd, Kollam V. The ITO, Kollam

ITA 641/COCH/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1656 (ITAT-COCHIN)
• Duration Of Justice: 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 13-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Assessee Lawyers: ALEN P DEV
• Keywords: Rectification of order; Principle of natural justice; Application of stay; Competent authority; Set aside
• Section: 143(3); 80P; 201; 154; 2; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE GEORGE K, JM ITA NO. 637 /COCH/201 9 : ASST.YEAR 201 0 - 201 1 ITA NO. 638 /COCH/201 9 : ASST.YEAR 2011 - 2012 ITA NO. 639 /COCH/201 9 : ASST.YEAR 2012 - 2013 ITA NO. 640 /COCH/201 9 : ASST.YEAR 2013 - 2014 ITA NO. 641 /COCH/201 9 : ASST.YEAR 2014 - 2015 & SA NO.92/COCH/20019 : ASST.YEAR 2010 - 2011 SA NO.93/COCH/20019 : ASST.YEAR 2011 - 2012 SA NO.94/COCH/20019 : ASST.YEAR 2012 - 2013 SA NO.95/COCH/20019 : ASST.YEAR 2013 - 2 014 SA NO.96/COCH/20019 : ASST.YEAR 2014 - 2015 M/S. UMAYANALLOOR SERVICE CO - OPERATIVE BANK LIMITED, UMAYANALLOOR, KOLLAM - 691 589 PAN : AAAAU6827A . VS. THE INCOME TAX OFFICER WARD 4 KOLLAM . (APPELLANT) (RESPONDENT) APPELLANT BY : SRI. ALEN P DEV , ADVOCATE RESPONDENT BY : SMT.A.S.BINDHU, SR.DR DATE OF HEARING : 1 1 .12.2019 DATE OF PRONOUNCEMENT : 11 .12. 201 9 O R D E R PER GEORGE GEORGE K, JM : THE S E APPEAL S AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST VARIOUS ORDER S OF THE CIT(A) , ALL DATED 03.09.2019. THE ASSESSEE HAS ALSO PREFERRED A STAY APPLICATION S SEEKING TO STAY THE RECOVERY OF OUTSTANDING TAX ARREARS. THE RELEVANT ASSESSMENT YEAR S ARE 2010 - 2011 TO 2014 - 2015 . 2. THE BRIEF FACTS OF THE CASE ARE AS FOLLOW: THE ASSESSEE IS A CO - OPERATIVE SOCIETY REGISTERED UNDER THE KERALA CO - OPERATIVE SOCIETIES ACT, 1969. FOR THE ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 2 ASSESSMENT YEAR S UNDER CONSIDERATION , THE RETURN S OF INCOME WERE FILED DECLARING INCOME OF RS.NIL, AFTER CLAIMING DEDUCTION U/S 80P OF THE I.T.ACT. THE ASSESSING OF FICER PASSED ORDER S U/S 143(3) R.W.S. 147 OF THE I.T.ACT , IN ALL THE ASSESSMENT YEARS, VIDE ORDER S DATED 28.12.2017 DISALLOWING THE CLAIM OF DEDUCTION U/S 80P OF THE I.T.ACT. THE REASONING OF THE ASSESSING OFFICER TO DISALLOW THE CLAIM OF DEDUCTION U/S 80P (2) OF THE I.T.ACT WAS THAT THE ASSESSEE WAS DOING THE BUSINESS OF BANKING, AND THEREFORE, IN VIEW OF INSERTION OF SECTION 80P(4) OF THE I.T.ACT WITH EFFECT FROM 01.04.2007, THE ASSESSEE WILL NOT BE ENTITLED TO THE DEDUCTION U/S 80P(2) OF THE I.T.ACT. THE ASSESSING OFFICER ALSO DISALLOWED THE CLAIM OF DEDUCTION WITH REGARD TO INTEREST INCOME RECEIVED BY THE ASSESSEE ON INVESTMENTS MADE WITH DISTRICT CO - OPERATIVE BANKS. 3. AGGRIEVED BY THE ORDER S OF ASSESSMENT DENYING THE CLAIM OF DEDUCTION U/S 80P(2) OF T HE I.T.ACT, THE ASSESSEE PREFERRED AN APPEAL S TO THE FIRST APPELLATE AUTHORITY. THE CIT(A) ALLOWED THE APPEAL S BY HOLDING THAT THE ASSESSEE WAS ELIGIBLE FOR DEDUCTION U/S 80P OF THE I.T.ACT. THE INTEREST INCOME RECEIVED FROM OTHER BANKS AND TREASURY ALSO W AS ALLOWED AS DEDUCTION U/S 80P(2)(A)(I) OF THE I.T.ACT. IN ALLOWING THE APPEAL S OF THE ASSESSEE, THE CIT(A) FOLLOWED THE JUDGMENT OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CHIRAKKAL SERVICE CO - OPERATIVE CO - OPERATIVE BANK LTD. V. CIT [(2016) 384 ITR 490 (KER.). ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 3 4. SUBSEQUENTLY, THE CIT(A) ISSUED NOTICE U/S 154 OF THE I.T.ACT PROPOSING TO RECTIFY HIS ORDER S PASSED, IN VIEW OF THE SUBSEQUENT JUDGMENT OF THE FULL BENCH OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF THE MAVILAYI SERVICE CO - OPERATIVE BANK LTD. V. CIT [ITA NO.97/2016 ORDER DATED 19 TH MARCH, 2019]. THE ASSESSEE OBJECTED TO THE ISSUANCE OF NOTICE S . HOWEVER, THE CIT(A) REJECTED THE OBJECTIONS RAISED BY THE ASSESSEE AND PASSED AN ORDER S U/S 154 OF THE I.T.ACT, DISALLOWING THE CLAIM OF THE ASSESSEE U/S 80P(2) OF THE I.T.ACT. 5. AGGRIEVED BY THE ORDER S OF THE CIT(A), THE ASSESSEE HAS FILED THESE APPEAL S BEFORE THE TRIBUNAL RAISING THE FOLLOWING IDENTICAL GROUNDS: - A. THE ASSESSMENT ORDER AND THE MODIFIED APPELLATE ORDER ARE H IGHLY ILLEGAL, ARBITRARY AND AGAINST ALL PRINCIPLES OF LAW AND NATURAL JUSTICE. B. THE APPELLANT SOCIETY IS A PRIMARY AGRICULTURAL CREDIT SOCIETY, WITH AN OBJECT TO PROVIDE FINANCIAL ACCOMMODATION TO MEMBERS, FOR AGRICULTURAL PURPOSES. C. SECTION 154(3) OF THE INCOME TAX ACT SAYS: RECTIFICATION OF MISTAKE. (3) AN AMENDMENT, WHICH HAS THE EFFECT OF ENHANCING AN ASSESSMENT OR REDUCING A REFUND OR OTHERWISE INCREASING THE LIABILITY OF [THE ASSESSEE OR THE DEDUCTOR], [OR THE COLLECTOR] SHALL NOT BE MADE UNDER THIS SECTION UNLESS THE AUTHORITY CONCERNED HAS GIVEN NOTICE TO [THE ASSESSEE OR THE DEDUCTOR], [OR THE COLLECTOR] OF ITS INTENTION SO TO DO AND HAS ALLOWED [THE ASSESSEE OR THE DEDUCTOR], [OR THE COLLECTOR] A REASONABLE OPPORTUNITY OF BEING HEA RD. IT WAS NOT DONE HERE. D. THE INTEREST INCOME RECEIVED FROM BANKS AND TREASURY, IS ALSO TO BE EXEMPTED. THE HONBLE HIGH COURT OF KERALA VIDE ITS JUDGMENT DATED 18.10.2019 IN WP(C) NO.9434/2019 HAS ALREADY CONSIDERED THE ISSUE AND EXEMPTED THE INTERE ST ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 4 ACCRUED ON THE DEPOSITS, MADE TO THE DISTRICT CO - OPERATIVE BANKS, FROM BEING EXIGIBLE TO INCOME TAX. E. THE ASSESSING OFFICER HAS ILLEGALLY TAKEN THE INTEREST ACCRUED ON THE DEPOSITS OF THE APPELLANT SOCIETY, WITH THE DISTRICT CO - O PERATIVE BANKS AND TH E TREASURY. THE ABOVE SAID DEPOSITS ARE DONE, ONLY TO COMPLY WITH THE DIRECTIONS OF THE STATE GOVERNMENT. SO THE IMPUGNED ASSESSMENT ORDER AND THE MODIFIED APPELLATE ORDER, ARE ILLEGAL. F. THE ASSESSING OFFICER DID NOT CONDUCT AN ENQUIRY INTO THE FACTU AL SITUATION OF THE APPELLANT SOCIETY. HENCE, THE IMPUGNED ORDER IS HIGHLY ILLEGAL, IN THE LIGHT OF THE FULL BENCH DECISION OF THIS HONBLE COURT, REPORTED IN 2019 (2) KLT 597 (FB). G. AS PER THE SAID DECISION, IT IS THE BOUNDEN DUTY OF THE RESPONDENT TO CONDUCT A `DETAILED ENQUIRY, INTO THE FACTUAL SITUATION OF THE INDIVIDUAL PRIMARY SOCIETY. H. THOSE DEPOSITS ARE NOT INTENDED TO MAKE PROFIT; BUT IT IS DONE TO COMPLY WITH THE STATUES ONLY, BEING A PRIMARY CO - OPERATIVE SOCIETY. I. BEING A PRIMARY CO - OPERA TIVE SOCIETY, THE APPELLANT IS ENTITLED TO GET EXEMPTION, FROM PAYING TAX FOR THE ENTIRE AMOUNT OF INCOME OF THE APPELLANT, UNDER SECTION 80P OF THE INCOME TAX ACT, 1961. J. THE IMPUGNED ORDERS WILL DEFINITELY SHATTER THE VERY FOUNDATION OF THE SOCIETY, A ND THOUSANDS OF MEMBERS WOULD BE PUT TO UNENDING MISERY AND DEEP FINANCIAL LOSS. K. BY ISSUANCE OF THE MODIFIED APPELLATE ORDER, THE FIRST APPELLATE AUTHORITY HAS SIMPLY UPHELD THE ASSESSMENT ORDER, WITHOUT APPLYING MIND. HENCE, THIS HONBLE TRIBUNAL MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDERS. 6. THE LEARNED AR RELIED ON THE GROUNDS RAISED. THE LEARNED DEPARTMENTAL REPRESENTATIVE, ON THE OTHER HAND, STRONGLY SUPPORTED THE ORDERS OF THE INCOME - TAX AUTHORITIES. 7. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE HONBLE JURISDICTIONAL HIGH COURT IN ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 5 THE CASE OF CHIRAKKAL SERVICE CO - OPERATIVE CO - OPERATIVE BANK LTD. V. CIT [(2016) 384 ITR 490 (KER.)] HAD HELD THAT WHEN A CERTIFICATE HAS BEEN ISSUED TO AN ASSESSEE BY THE REGISTRAR OF CO - OPERATIVE SOCIETIES CHARACTERIZING IT AS PRIMARY AGRICULTURAL CREDIT SOCIETY, NECESSARILY, THE DEDUCTION U/S 80P(2) OF THE I.T.ACT HAS TO BE GRANTED TO THE ASSESSEE. HOWEVER, THE FULL BENCH OF THE HONBLE KERALA HIGH COURT IN THE CASE OF THE MAVILAYI SERVICE CO - OPERATIVE BANK LTD. V. CIT (SUPRA) HAD REVERSED THE ABOVE FINDINGS OF THE HONBLE KERALA HIGH COURT IN THE CASE OF CHIRAKKAL SERVICE CO - OPERATIVE CO - OPERATIVE BANK LTD. V. CIT (SUPRA) . THE LARGER BENCH OF THE HONBLE KERALA HIGH COURT IN THE CASE OF THE MAVILAYI SERVICE CO - OPERATIVE BANK LTD. V. CIT (SUPRA) HELD THAT THE ASSESSING OFFICER HAS TO CONDUCT AN INQUIRY INTO THE FACTUAL SITUATION AS TO THE ACTIVITIES OF THE ASSESSEE SOCIETY TO DETERMINE THE ELIGI BILITY OF DEDUCTION U/S 80P OF THE I.T.ACT. IT WAS HELD BY THE HONBLE HIGH COURT THAT THE ASSESSING OFFICER IS NOT BOUND BY THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF KERALA CO - OPERATIVE SOCIETY CLASSIFYING THE ASSESSEE - SOCIETY AS A CO - OPERAT IVE SOCIETY. THE HONBLE HIGH COURT HELD THAT EACH ASSESSMENT YEAR IS SEPARATE AND ELIGIBILITY SHALL BE VERIFIED BY THE ASSESSING OFFICER FOR EACH OF THE ASSESSMENT YEARS. THE FINDING OF THE LARGER BENCH OF THE HONBLE HIGH COURT READS AS FOLLOWS: - 33. IN VIEW OF THE LAW LAID DOWN BY THE APEX COURT IN CITIZEN CO - OPERATIVE SOCIETY [397 ITR 1] IT CANNOT BE CONTENDED THAT, WHILE CONSIDERING THE CLAIM MADE BY AN ASSESSEE SOCIETY FOR DEDUCTION UNDER SECTION 80P OF THE IT ACT, AFTER THE INTRODUCTION OF SUB - SEC TION (4) THEREOF, THE ASSESSING OFFICER HAS TO EXTEND THE BENEFITS AVAILABLE, ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 6 MERELY LOOKING AT THE CLASS OF THE SOCIETY AS PER THE CERTIFICATE OF REGISTRATION ISSUED UNDER THE CENTRAL OR STATE CO - OPERATIVE SOCIETIES ACT AND THE RULES MADE THEREUNDER. ON S UCH A CLAIM FOR DEDUCTION UNDER SECTION 80P OF THE IT ACT, THE ASSESSING OFFICER HAS TO CONDUCT AN ENQUIRY INTO THE FACTUAL SITUATION AS TO THE ACTIVITIES OF THE ASSESSEE SOCIETY AND ARRIVE AT A CONCLUSION WHETHER BENEFITS CAN BE EXTENDED OR NOT IN THE LIG HT OF THE PROVISIONS UNDER SUB - SECTION (4) OF SECTION 80P. 33. IN CHIRAKKAL [384 ITR 490] THE DIVISION BENCH HELD THAT THE APPELLANT SOCIETIES HAVING BEEN CLASSIFIED AS PRIMARY AGRICULTURAL CREDIT SOCIETIES BY THE COMPETENT AUTHORITY UNDER THE KCS ACT, I T HAS NECESSARILY TO BE HELD THAT THE PRINCIPAL OBJECT OF SUCH SOCIETIES IS TO UNDERTAKE AGRICULTURAL CREDIT ACTIVITIES AND TO PROVIDE LOANS AND ADVANCES FOR AGRICULTURAL PURPOSES, THE RATE OF INTEREST ON SUCH LOANS AND ADVANCES TO BE AT THE RATE TO BE FIX ED BY THE REGISTRAR OF CO - OPERATIVE SOCIETIES UNDER THE KCS ACT AND HAVING ITS AREA OF OPERATION CONFINED TO A VILLAGE, PANCHAYAT OR A MUNICIPALITY AND AS SUCH, THEY ARE ENTITLED FOR THE BENEFIT OF SUB - SECTION (4) OF SECTION 80P OF THE IT ACT TO EASE THEMS ELVES OUT FROM THE COVERAGE OF SECTION 80P AND THAT, THE AUTHORITIES UNDER THE IT ACT CANNOT PROBE INTO ANY ISSUES OR SUCH MATTERS RELATING TO SUCH SOCIETIES AND THAT, PRIMARY AGRICULTURAL CREDIT SOCIETIES REGISTERED AS SUCH UNDER THE KCS ACT AND CLASSIFIE D SO, UNDER THE ACT, INCLUDING THE APPELLANTS ARE ENTITLED TO SUCH EXEMPTION. 34. IN CHIRAKKAL [384 ITR 490] THE DIVISION BENCH EXPRESSED A DIVERGENT OPINION, WITHOUT NOTICING THE LAW LAID DOWN IN ANTONY PATTUKULANGARA [2012 (3) KHC 726] AND PERINTHALMAN NA [363 ITR 268]. MOREOVER, THE LAW LAID DOWN BY THE DIVISION BENCH IN CHIRAKKAL [384 ITR 490] IS NOT GOOD LAW, SINCE, IN VIEW OF THE LAW LAID DOWN BY THE APEX COURT IN CITIZEN CO - OPERATIVE SOCIETY [397 ITR 1], ON A CLAIM FOR DEDUCTION UNDER SECTION 80P OF THE INCOME TAX ACT, BY REASON OF SUB - SECTION (4) THEREOF, THE ASSESSING OFFICER HAS TO CONDUCT AN ENQUIRY INTO THE FACTUAL SITUATION AS TO THE ACTIVITIES OF THE ASSESSEE SOCIETY AND ARRIVE AT A CONCLUSION WHETHER BENEFITS CAN BE EXTENDED OR NOT IN THE LIG HT OF THE PROVISIONS UNDER SUB - SECTION (4) OF SECTION 80P OF THE IT ACT. IN VIEW OF THE LAW LAID DOWN BY THE APEX COURT IN CITIZEN CO - OPERATIVE SOCIETY [397 ITR 1] THE LAW LAID DOWN BY THE DIVISION BENCH PERINTHALMANNA [363 ITR 268] HAS TO BE AFFIRMED AND WE DO SO. 35. IN VIEW OF THE LAW LAID DOWN BY THE APEX COURT IN ACE MULTI AXES SYSTEMS CASE (SUPRA), SINCE EACH ASSESSMENT ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 7 YEAR IS A SEPARATE UNIT, THE INTENTION OF THE LEGISLATURE IS IN NO MANNER DEFEATED BY NOT ALLOWING DEDUCTION UNDER SECTION 80P OF THE IT ACT, BY REASON OF SUB - SECTION (4) THEREOF, IF THE ASSESSEE SOCIETY CEASES TO BE THE SPECIFIED CLASS OF SOCIETIES FOR WHICH THE DEDUCTION IS PROVIDED, EVEN IF IT WAS ELIGIBLE IN THE INITIAL YEARS. 7.1 THE CIT(A) HAD INITIALLY ALLOWED THE APPEAL S OF THE ASSESSEE AND GRANTED DEDUCTION U/S 80P(2) OF THE I.T.ACT. SUBSEQUENTLY, THE CIT(A) PASSED ORDER S U/S 154 OF THE I.T.ACT, WHEREIN THE CLAIM OF DEDUCTION U/S 80P OF THE I.T.ACT WAS DENIED, BY RELYING ON THE JUDGMENT OF THE LARGER BENCH OF THE HONBLE JU RISDICTIONAL HIGH COURT IN THE CASE OF THE MAVILAYI SERVICE CO - OPERATIVE BANK LTD. V. CIT (SUPRA). THE CIT(A) OUGHT NOT TO HAVE REJECTED THE CLAIM OF DEDUCTION U/S 80P(2) OF THE I.T.ACT WITHOUT EXAMINING THE ACTIVITIES OF THE ASSESSEE - SOCIETY. THE FULL BENCH OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF THE MAVILAYI SERVICE CO - OPERATIVE BANK LTD. V. CIT (SUPRA) HAD HELD THAT THE A.O. HAS TO CONDUCT AN INQUIRY INTO THE FACTUAL SITUATION AS TO THE ACTIVITIES OF THE ASSESSEE SOCIETY TO DETERMINE THE ELIGIBILITY OF DEDUCTION U/S 80P OF THE I.T.ACT. IN VIEW OF THE DICTUM LAID DOWN BY THE FULL BENCH OF THE HONBLE JURISDICTIONAL HIGH COURT (SUPRA), WE RESTORE THE ISSUE OF DEDUCTION U/S 80P(2) TO THE FILES OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL EXAMINE THE ACTIVITIES OF THE ASSESSEE AND DETERMINE WHETHER THE ACTIVITIES ARE IN COMPLIANCE WITH THE ACTIVITIES OF A CO - OPERATIVE SOCIETY FUNCTIONING UNDER THE KERALA CO - OPERATIVE SOCIETIES ACT, 1969 AND ACCORDINGLY GRANT DEDUCTION U/S 80P(2) OF THE I.T.ACT. 7.2 AS REGARDS THE INTEREST ON THE INVESTMENTS WITH CO - OPERATIVE BANKS AND OTHER BANKS, THE CO - ORDINATE BENCH ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 8 ORDER OF THE TRIBUNAL IN THE CASE OF KIZHATHADIYOOR SERVICE CO - OPERATIVE BANK LIMITED IN ITA NO.525/COCH/2014 (ORDER DATED 20.07.2016), HAD HELD THAT INTEREST INCOME EARNED FROM INVESTMENTS WITH TREASURIES AND BANKS IS PART OF BANKIN G ACTIVITY OF THE ASSESSEE, AND THEREFORE, THE SAID INTEREST INCOME WAS ELIGIBLE TO BE ASSESSED AS `INCOME FROM BUSINESS INSTEAD OF `INCOME FROM OTHER SOURCES. HOWEVER, AS REGARDS THE GRANT OF DEDUCTION U/S 80P OF THE I.T.ACT ON SUCH INTEREST INCOME, THE ASSESSING OFFICER SHALL FOLLOW THE LAW LAID DOWN BY THE LARGER BENCH OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF THE MAVILAYI SERVICE CO - OPERATIVE BANK LTD. V. CIT (SUPRA) AND EXAMINE THE ACTIVITIES OF THE ASSESSEE - SOCIETY BEFORE GRANTING DED UCTION U/S 80P OF THE I.T.ACT ON SUCH INTEREST INCOME. IT IS ORDERED ACCORDINGLY. 8. SINCE WE HAVE DISPOSED OF THE APPEAL S FILED BY THE ASSESSEE, THE STAY APPLICATION S FILED BY THE ASSESSEE BECOME INFRUCTUOUS AND THE SAME ARE DISMISSED AS SUCH. 9 . IN TH E RESULT, THE APPEAL S FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES AND THE STAY APPLICATION S ARE DISMISSED. ORDER PRONOUNCED ON THIS 11 TH DAY OF DECEMBER, 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIA L MEMBER COCHIN ; DATED : 11 TH DECEMBER, 2019 . DEVDAS* ITA NO. 637 / COCH /201 9 & ORS. SA 92 /COCH/2019 & ORS . M/S. UMAYANALLOOR SCB LTD. 9 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (A) , THIRUVANANTHAPURAM. 4. THE PR.CIT , THIRUVANANTHAPURAM . 5. DR, ITAT, COCHIN 6. GUARD FILE.