RAJAKKADU SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER (CIB)

WP(C)/18194/2011

AI Insights

The case involves multiple Co-operative banks, including the Rajakkadu Service Co-operative Bank, which challenged the proceedings initiated by the Income Tax authorities under Section 133(6) of the Income Tax Act, 1961. The banks were directed to furnish certain details, which they contested based on a pending appeal and stay by the Supreme Court regarding similar demands from the Income Tax Department. The High Court of Kerala, referencing a previous judgment (W.A.No.290/2010), decided to dispose of the writ petitions by aligning with the Supreme Court's forthcoming decision in related matters.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 756008 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 06-07-2011
• Assessment Year: misc
• Other Referred Cases: W.A.No.290/2010, W.A.No.2553 of 2009
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: JOICE GEORGE
• Keywords: Co-operative Banks; Income Tax; Section 133(6); Supreme Court Stay; Writ petition
• Section: 133(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 18194 of 2011(Y) --------------------------------------- PETITIONER(S): ------------------------ RAJAKKADU SERVICE CO-OPERATIVE BANK, LIMITED NO.K.342, REPRESENTED BY ITS SECRETARY, RAJAKKADU P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): -------------------------- 1. 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. 2. 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. 3. THE COMMISSIONER OF INCOME TAX (CIB) KOCHI, OFFICE OF THE INCOME TAX COMMISSIONER ERNAKULAM, COCHIN-18. 4. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI-110 001. BY ADV.SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2011, ALONG WITH WPC NO.18202 OF 2011 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18194/2011 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 WA.NO.290/2010 DATED 22/02/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ---------------------------------------------- W.P.(C) Nos.18194,18202,18203,18206, 18210,18236,18237,18264,18268, 18269 & 18278 OF 2011 ---------------------------------------------- Dated this the 6th day of July, 2011 JUDGMENT The petitioners are Co-operative banks. They are aggrieved by the proceedings initiated by the Income Tax authorities directing the petitioners to furnish details as per Section 133(6) of the Income Tax Act, 1961. According to the petitioners, the very question as to the liability of similarly placed petitioners for divulging the information called for is pending in appeal before the Supreme Court and the Supreme Court has granted a stay in the appeal pending before the Supreme Court. They further submit that in view of the pendency of the appeal and stay by the Supreme Court, this Court has also considered and passed orders in respect of the subject matter in W.A.No.290/2010. The petitioners submit that they are also entitled to similar reliefs. 2. I have heard the learned Standing Counsel for the Income Tax Department also. In W.A.No.290/2010, by Ext.P3 judgment, a Division Bench of this Court has held as follows: W.P.(C)No.18194/11 &Con.cases 2 “This writ appeal is filed against the judgment of the learned Single Judge disposing the applicant'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. I am satisfied that these writ petitions can also be disposed of in terms of that judgment. Accordingly, these writ petitions are disposed of in terms of that judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.18194/11 &Con.cases 3 W.P.(C)No.18194/11 &Con.cases 4 "