THE MURIKKASSERY SERVICE CO-OP. BANK LTD V. UNION OF INDIA AND OTHERS

WP(C)/23594/2011

AI Insights

The case involves the Murikkassery Service Co-operative Bank Ltd, which challenged a request from the Income Tax Department for certain information related to some of their customers. This challenge was made in the context of similar ongoing appeals before the Supreme Court. The Kerala High Court referenced a previous Division Bench judgment (W.A. No.290/2010) which had dealt with similar issues, where it was decided that the enforcement of such information requests should await the Supreme Court's final decision on the matter. Consequently, the High Court disposed of the writ petition by directing that the outcome of the Supreme Court's pending decisions should be followed in this case.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 679731 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 31-08-2011
• Assessment Year: misc
• Other Referred Cases: W.A. No.290/2010, SLP NOS.11454-11467/2010, W.A. No.2553 of 2009
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P NAIR; JOSE JOSEPH
• Assessee Lawyers: K S HARIHARAPUTHRAN; M D SASIKUMARAN; GEORGE MATHEW; DIPU JAMES; K V RAMYA; K P UNNIKRISHNAN
• Keywords: Co-operative Bank; Income Tax; Information Request; Supreme Court Stay

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23594 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- THE MURIKASSERY SERVICE CO-OPERATIVE BANK LTD;NO.K-356,MURIKKASSERY P.O., MURIKKASSERY IDUKKI,REPRESENTED BY ITS SECRETARY IN CHARGE SMT.ALEYKUTTY V.K,AGED 51 YEARS, MURIKKASSERY P.O,MURIKKASSERY, IDUKKI DISTRICT-686 664. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA SRI.K.P.UNNIKRISHNAN (ELOOR) RESPONDENT(S): -------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,MINISTRY OF FINANCE, NEW DELHI-110 001. 2. THE COMMISSIONER OF INCOME TAX(CIB),KOCHI, OFFICE OF THE INCOME TAX COMMISSIONER, ERNAKULAM-11. 3. THE DIRECTOR OF INCOME TAX(CIB),KOCHI, OFFICE OF THE DIRECTOR OF INCOME TAX(CIB), KOCHI,K.K.TOWERS,5TH FLOOR, OPP.MAHARAJA'S GROUND,M.G. ROAD,ERNAKULAM-11. 4. THE INCOME TAX OFFICER(CIB),KOCHI, OFFICE OF THE DIRECTOR OF INCOME TAX(CIB),KOCHI,K.K.TOWERS,5TH FLOOR, OPP.MAHARAJA'S GROUND,M.G. ROAD,ERNAKULAM-11. R1 BY ADV. SRI.P.PARAMESWARAN NAIR R2 TO R4 BY ADV. SRI.JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 23594/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE NO.ITO/(CIB) KOCHI/CO-OPCS/2010-11 DATED 09/03/2011. P2: COPY OF THE INTERIM ORDER DATED 26/04/2010 IN SLP NOS.11454-11467/2010 OF THE SUPREME COURT OF INDIA. P3: COPY OF THE JUDGMENT IN W.A. NO.290/2010 DATED 22/02/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23594 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011 J U D G M E N T The petitioner is a Co-operative Bank. The Income Tax Department has sought certain information from the bank relating to some of their customers. That is under challenge in this writ petition. In respect of identical matters an appeal is pending before the Hon'ble Supreme Court. In the light of the same, a Division Bench of this Court has passed a judgment in W.A. No.290/2010. The said judgment reads as follows: “This writ appeal is filed against the judgment of the learned Single Judge disposing the appellant's challenge against the details called for by the Income Tax Department, following the Division Bench judgment of this Court in W.A. No.2553 of 2009 and connected cases. Even though the Division Bench upheld the similar notices and declared entitlement of the Department to call for details from the Co- operative Banks, the Honourable Supreme Court has granted stay against operation of the judgment. In the circumstances, we dispose of this writ appeal with a direction to the respondents to proceed against the appellant based on fresh orders or final judgment of the Supreme Court in the pending matters. In other words, the judgment of the Supreme Court in the pending cases will be followed in the case of the appellant as well without insisting the parties to take up the matter to the Supreme Court.” W.P.(C)No.23594 of 2011 -2- Therefore, I am of opinion that, this writ petition also can be disposed of in terms of that judgment. Accordingly, this writ petition is disposed of following that judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/ "