2022 (11) TMI 1064

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....t Servants' Co-operative Bank Ltd/assessee is the respondent. The appeal, at the instance of the Revenue, is directed against the order dated 17.01.2019 of the Income Tax Appellate Tribunal (for short 'Tribunal') Cochin Bench in ITA No.434/Coch/2018. The appeal relates to the return filed by the assessee for the Assessment Year 2015-16. The tax effect in the subject appeal is below the ceiling limit. 3. Mr Navneeth N Nath canvasses that exceptions set out in the decisions are attracted, and invites our attention to the following decisions of the Apex Court: (1) Commissioner of Income Tax v. Surya Herbal Ltd (2013) 350 ITR 300 (SC) "Liberty is given to the Department to move the High Court pointing out that the Circular dated February 9,....

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....he following words: "We are of the view that the matter needs to be put to rest and a clarity be obtained in view of the impact of this issue on pending cases before the High Courts as well as the cases which have been disposed of by various High Courts by applying the circular of 2011 to pending litigations. In our view the matter has been squarely put to rest taking further care of the interest of the Revenue by the order passed by the three-judges Bench of this court in Surya Herbal Ltd. case, which had put two caveats even to the retrospective application of the circular. The subsequent orders have been passed by the two judges Bench without those orders being brought to the notice of the court, a duty which was cast on the Department....