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

MA 129/COCH/2016

AI Insights

The case involves the Kannur Service Co-operative Bank Ltd., which filed Miscellaneous Petitions (MPs) concerning appeals for the Assessment Years 2008-09 and 2009-10. These appeals were previously disposed of by the Tribunal in a common order. The bank, having received a favorable decision from the Revenue following the Tribunal's remand, sought to withdraw its MPs. The Tribunal, upon hearing the submission by the bank's counsel and noting the absence of any objection from the Senior Departmental Representative, allowed the withdrawal and dismissed the MPs.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 108294 (ITAT-COCHIN)
• Duration Of Justice: 7 year(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 11-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, AccountantMemberand Shri Manomohan Das, JudicialMember MPNos. 128 & 129/Coch/2016 (Arising out of ITA Nos. 736 & 737/Coch/2013) (Assessment Years: 2008-09 & 2009-10) The Kannur Service Co- operative Bank Ltd. Major’s Complex Anaylidukku, Thana Kannur 670012 [PAN:AAAAK6908J] vs. The Income Tax Officer Ward -1, Kannur (Applicant) (Respondent) Applicant by: Ms. Divya Ravindran, Advocate Respondent by: Smt. J.M. Jamuna Devi, Sr. DR Date of Hearing: 08.09.2023 Date of Pronouncement:08.09.2023 O R D E R Per Sanjay Arora, AM These are Miscellaneous Petitions (MPs) by the Assessee in respect of it’s captioned appeals for Assessment Years (AYs) 2008-09 and 2009-10, disposed of by the Tribunal vide a common order dated 17.06.2016. 2. At the outset, Ms. Divya Ravindran, the learned counsel for the assessee, would submit that in view of the assessee having since obtained a favourable order/s from the Revenue in pursuance to the remand thereto by the Tribunal, the cause of action survives no longer, and the assessee therefore seeks permission for withdrawal of it’s MPs, also taking us through the formal application in its respect filed with the MP Nos. 128 & 129/Coch/2016 Kannur Service Co-operative Bank Ltd. vs. ITO 2 Tribunal on 16.05.2018, copy of which is also on record. Smt. Devi, the ld. Sr. DR, did not raise any objection thereto. 3. The instant MPs are accordingly, i.e., in view of the foregoing, dismissed as withdrawn. We decide accordingly. 4. In the result, the instant MPs by the assessee are dismissed. Order pronounced in the open court on the conclusion of the hearing. Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Cochin, Dated: September 8, 2023 Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order Assistant Registrar ITAT, Cochin n.p.