IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 ITA.No. 176 of 2011() --------------------- ITA.722/COCH/2008 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT: -------------------- THE SOUTH INDIAN BANK LTD., THRISSUR BY ADV. SRI.P.BALAKRISHNAN (E) SRI.MOHAN PULIKKAL RESPONDENT/APPELLANT: --------------- THE COMMISSIONER OF INCOMETAX THRISSUR BY STANDING COUNSEL SRI. JOSE JOSEPH THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ITA.No. 176 of 2011() APPENDIX APPELLANT'S ANNEXURES:- ANNEXURE A: TRUE COPY OF THE ASST.ORDER DATED 19.1.2005 OF THE ASSESSING OFFICER ANNEXURE B: TRUE COPY OF THE ORDER DATED 25.2.2008 OF THE COMMISSIONER OF INCOMETAX(APPEALS) V. KOCHI ANNEXURE C: CERTIFIED COPY OF THE ORDER DATED 31.5.2011 OF THE INCOMETAX APPELLATE TRIBUNAL, COCHIN BENCH RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- ITA No.176 of 2011 ---------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T C.N. Ramachandran Nair , J The counsel for the appellant submitted that the issue raised in the appeal are covered by Division Bench judgment of this Court in a common judgment dated 21.10.2010 in ITA Nos.467, 720, 730, 843, 479, 1324 and 1045 of 2009 and 40 of 2010. The counsel for the appellant fairly conceded that the next issue is covered by the Division Bench decision of this Court in ITA No.234/2009 dated 7.10.2010. The last issue is covered by a Full Bench reported in Commissioner of Income Tax V. South Indian Bank Ltd., (326 ITR 174 Kerala). Following the above decisions, we dispose of the appeal by reverting back the matter to the Assessing Officer also for limited purpose of recomputing the eligibility stated in the above judgment. C.N. RAMACHANDRAN NAIR (Judge) K. VINOD CHANDRAN (Judge) jma