Indian Overseas Bank Officers Association having it V. Union of India, Rep. by Secretary,

WP/18481/2007

AI Insights

The case before the High Court of Andhra Pradesh involved the Indian Overseas Bank Officers Association as the petitioner, challenging certain provisions of the Income Tax Rules, 1962, as amended by the Income Tax (7th Amendment) Rules, 2005. The petitioner argued that these provisions, particularly Serial No. 2 of Table 1 of Rule 3(1), were contrary to Section 17(2) of the Income Tax Act, 1961, as amended by the Finance Act, 2007, and thus were illegal, arbitrary, and unconstitutional, violating Articles 14 and 16 of the Constitution of India. The respondents included various government bodies and officials related to the Ministry of Finance and the Indian Overseas Bank. However, before the court could address these issues, the petitioner decided to withdraw the petition.

• Counselvise Citation: [2008] 140 COUNSELVISE.COM (IT) 686619 (HC-ANDHRA_PRADESH)
• Appeal Type: Others
• Pronouncement Date: 01-09-2008
• Assessment Year: misc
• Laws Referred To: Income Tax Rules, 1962, Income Tax Act 1961
• Result in Favour of: Applicant
• Court: HIGH COURT
• Department Lawyers: S R ASHOK; V R BADRI
• Assessee Lawyers: I VANI
• Keywords: Arbitrary; Income Tax Rules; Unconstitutional; Writ of Mandamus; Violative of Articles 14 and 16
• Section: 17; 17(2)

Judgement Text

"IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 18481 of 2007 Between: Indian Overseas Bank Officers Association having it Administrative Office at 763 Annasali, Chennai, Regional Client at Vizag , Rep. by its Assistant General Secretary, B.Krishna Murthy, S/o. Sri Narsimha Appa Rao aged 48 yrs, Occ: Bank Employee, R/o.MIG -62, Sector-2 MVP Colony, Vizag- 17 ..... PETITIONER AND 1 Union of India, Rep. by Secretary, Ministry of Finance, Department of Revenue, North Bock New Delhi. 2 Central Board of Direct Taxes Service through the Chairman, Ministry of Finance,Department of Revenue North Bock, New Delhi. 3 The Chief Commissioner of Income Tax, Orissa having his office, At Aayakar Bhawan, Rajaswa Bihar, Bhubaneswar. 4 The Commissioner of Income Tax Visakhapatnam having his Office,at Aayakar Bhavan, Daba Gardens, Visakhapatnam. 5 The Joint Commissioner of Income Tax (TDA) Range-2, Visakhapatnam. 6 Income Tax Officer, TDS-[2(1)] Range-2 Visakhapatnam. 7 Indian Overseas Bank having its Head Office at 763, Anna Sali, Chennai & Branch at Dwarka Nagar, Rep. by its Manager, Office at T.S.R. Complex, Dwarka Nagar, Visakhapatnam. 8 Indian Overseas Bank having its Head Office at 762, Anna Sali, Chennai & Branch at Jagdhamba Centre, Rep. by its Senior Manager, Office at Daba Gardens Visakhapatnam. 9 The Chief Regional Manager, Indian Overseas Bank, Regional Office, Sivaji Park Road, 1-14-1, Sivajipalem, SBI Colony, MVP Colony, Visakhapatnam-17 10 The Chairman and Managing Director Indian Overseas Bank, having his Office, 762, Anna Salai , Madras .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the provision contained in Serial No. 2 of T able 1 of Rule 3(1) of the Income T ax Rules, 1962 as substituted by the Income T ax (7th Amendment) Rules 2005 by holding that serial No.2 of T able 1 of Rule 3(1) of the Income T ax Rules, 1962 as substituted by the Income T ax (7th Amendment) Rules, 2005 as substituted by Rule 3 Income T ax Rules, under Explanation inserted in Section 17 of the Income T ax Act 1961 by the Finance Act, 2007 (Act 22 of 2007 ) in so far as it is contrary to the provisions of Section 17(2) to as illegal, arbitrary unconstitutional and violative of Articles 14 and 16 of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case. Counsel for the Petitioner: MS.I.MAAMU VANI Counsel for the Respondent: MR.S.R.ASHOK & V.R.BADRI (SC FOR INCOME TAX) The Court made the following : THE HON’BLE SMT JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P.NO. 18481 OF 2007 ORDER: (Per Smt. T. Meena Kumari, J) Learned counsel for the petitioner seeks permission to withdraw the writ petition. He has also filed a letter seeking withdrawal of the writ petition. Permission is accorded. The writ petition is dismissed as withdrawn. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.1.9.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} "