IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 ITA.No. 532 of 2009() --------------------- ITA.63/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSINER OF INCOME TAX, CALICUT. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S.SOUTH MALABAR GRAMIN BANK, MALAPPURAM. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ALONG WITH ITA NO.438/2009 & CONN. CASES ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... I.T. Appeal Nos.532,438,415 & 417 of 2009 .................................................................... Dated this the 20th day of July, 2009. JUDGMENT Ramachandran Nair, J. Heard Standing Counsel appearing for the appellant. We notice that the department's claim that respondent-Co-operative Bank is not entitled to deduction of income other than from main banking operations under Section 80P(2)(a)(i) of the Income Tax Act was turned down by the Tribunal following decisions of the Supreme Court in C.I.T. V. KARNATAKA STATE CO-OPERATIVE APEX BANK (2001) 251 ITR 194 and in MEHSANA DISTRICT CENTRAL CO- OPERATIVE BANK LTD. I.T.O. (251 ITR 522). On going through the various items of income involved in this case, we are of the view that such receipts are comparable and similar to the receipts which were held to be allowable as deduction by the Supreme Court in the above two cases. Since the Tribunal has followed consistent decisions of the 2 Supreme Court, we do not find any substantial question of law arising for our decision. Appeals are consequently dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms