THE PALAKKAD TALUK GOVT. EMPLOYEES CO-OP. SOCIETY LTD. V. THE INCOME TAX OFFICER (INTELLIGENCE), THRISSUR

WP(C)/4043/2014

AI Insights

The case involves multiple Co-operative Societies/Banks from Palakkad, represented by their respective secretaries, challenging the notices issued by the Income Tax Officer (Intelligence) under Section 133(6) of the Income Tax Act, 1961. The notices required the societies to furnish certain particulars, which they found difficult to comply with within the given timeframe due to the need for thorough record verification and other operational commitments. The petitioners sought additional time to comply with these notices. The court, after considering the submissions and the operational constraints of the petitioners, decided to grant an additional month's time for compliance.

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 755802 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 10-02-2014
• Assessment Year: misc
• Other Referred Cases: Civil Appeal No.7460/2013 of Hon'ble Supreme Court of India
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON; MAHESH MENON
• Keywords: Co-operative societies; Compliance; Income Tax; Notices
• Section: 133(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY , THE 10TH DAY OF FEBRUARY 2014/21ST MAGHA, 1935 WP(C).No. 4043 of 2014 (E) --------------------------- PETITIONER(S): -------------------------- 1. THE PALAKKAD TALUK GOVT. EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.P 758, CIVIL STATION, PALAKKAD, REPRESENTED BY SOBHANA P.K., MANAGER. 2. THE PALAKKAD SERVICE CO-OPERATIVE BANK LTD. NO. F 1200, G.B.ROAD, PALAKKAD - 1, REPRESENTED BY C.VIJAYAKUMAR, SECRETARY . 3.THE ELAPPULLY SERVICE CO-OPERATIVE BANK LTD. NO. F 1193, ELAPPULLY P.O., PALAKKAD DISTRICT, REPRESENTED BY K.BALASUBRAMANIAN, SECRETARY- IN-CHARGE. 4. THE NAGARIPURAM SERVICE CO-OPERATIVE BANK LTD. NO.F. 1632, NAGARIPURAM P.O., VIA MANNUR, PALAKKAD DISTRICT, REPRESENTED BY P.V.N ANDAKUMARAN, SECRETARY. 5. THE MUNDOOR SERVICE CO-OPERATIVE BANK LTD., NO.F1650, MUNDOOR P.O., PALAKKAD DISTRICT, REPRESENTED BY K.S.SURESH, SECRETARY. 6. THE PERINGODE SERVICE CO-OPERATIVE BANK LTD., NO.F 1552, PARASSERY P.O., PALAKKAD DISTRICT, REPRESENTED BY P.SETHUMADHAVAN, SECRETARY. 7. KANJIKODE SERVICE CO-OPERATIVE BANK LTD. , NO.F.1199, KANJIKODER P.O., PALAKKAD DISTRICT, REPRESENTED BY M.RAMAKRISHNAN, SECRETARY. 8. THE MANAKARA SERVICE CO-OPERATIVE BANK LTD., NO.P 363, MANKARA P.O., PALAKKAD DISTRICT, REPRESENTED BY P.SIV AGNANAM, SECRETARY. 9. THE KONGAD SERVICE CO -OPERATIVE BANK LTD., NO.P 538, KONGAD P.O., PALAKKAD DISTRICT, REPRESENTED BY K.SHYLA, SECRETARY-IN-CHARGE. Kss ..2/- ..2.... WPC.NO.4043/2014 (E) 10. THE THADUKKASSERY SERVICE CO-OPERATIVE BANK LTD., NO.F 534, KERALASSERY P.O., PALAKKAD DISTRICT, REPRESENTED BY VIJAYAKUMAR M.P., SECRETARY -IN-CHARGE. 11. THE KANHIKULAM SERVICE CO-OPERATIVE BANK LTD., NO F 1086, KANNIKULAM P.O., PALAKKAD DISTRICT, REPRESENTED BY K.SAISDHARAN, SECRETARY. 12. THE MANNUR SERVICE CO-OPERATIVE BANK LTD., F 1582, MANNUR P.O., PALAKKAD DISTRICT, REPRESENTED BY SUNDARESWARAN P.V., SECRETARY . BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): --------------------------- 1. THE INCOME TAX OFFICER (INTELLIGENCE), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. 2. THE DIRECTOR OF INCOME TAX (INTELLIGENCE) CENTRAL REVENUE BUILDING, IS PRESS ROAD, ERNAKULAM, KOCHI - 682 018. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 4043 of 2014 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT P1 : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(A) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(B) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(C) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(D) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.08/11/2013. EXHIBIT P1(E) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(F) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(G) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(H) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(I) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(J) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P1(K) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD.22/1/2014. EXHIBIT P2 : COPY OF LETTER FILED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DTD.05/02/2014. Kss ..2/- ..2.... WPC.NO.4043/2014 (E) EXHIBIT P2(A) : COPY OF LETTER FILED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(B) : COPY OF LETTER FILED BY THE 3RD PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(C) : COPY OF LETTER FILED BY THE 4TH PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(D) : COPY OF LETTER FILED BY THE 5TH PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(E) : COPY OF LETTER FILED BY THE 6TH PETITIONER TO THE 1ST RESPONDENT DTD.05/02/2014. EXHIBIT P2(F) : COPY OF LETTER FILED BY THE 7TH PETITIONER TO THE 1ST RESPONDENT DTD.05/02/2014. EXHIBIT P2(G) : COPY OF LETTER FILED BY THE 8TH PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(H) : COPY OF LETTER FILED BY THE 9TH PETITIONER TO THE 1ST RESPONDENT DTD.05/02/2014. EXHIBIT P2(I) : COPY OF LETTER FILED BY THE 10TH PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(J) : COPY OF LETTER FILED BY THE 11TH PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P2(K) : COPY OF LETTER FILED BY THE 12TH PETITIONER TO THE 1ST RESPONDENT DTD. 05/02/2014. EXHIBIT P3 : COPY OF JUDGMENT IN CIVIL APPEAL NO.7460/2013 OF HON'BLE SUPREME COURT OF INDIA DTD. 27/08/2013. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.C. No.4043 OF 2014 --------------------------------------- Dated this the 10th day of February, 2014. JUDGMENT The petitioners, who are Co-operative Societies/Banks, functioning in terms of the Co-operative Societies Act/Rules, are before this Court, challenging the correctness and sustainability of Ext.P1 series notices issued by the 1st respondent under Section 133(6) of the Income Tax Act, 1961. Various grounds have been raised with regard to the correctness and sustainability of the said proceedings. However, as conceded by the petitioners, the issue stands answered against the persons like the petitioners as per the decision rendered by this Court and the said verdict has been affirmed by the Apex Court on dismissal of the SLPs preferred in this regard by the aggrieved parties, as borne by Ext.P3. 2. The learned counsel for the petitioners submits that in the above facts and circumstances, the petitioners have raised an alternate relief, as borne by prayer No.2, for granting further W.P.C.No.4043 OF 2014 2 time to trace out all the particulars and to have the same furnished. Since, the time granted as per Ext.P1 series notice was only up to 07.02.2014, the petitioners have approached the 1st respondent by filing Ext.P2 series applications for granting some more time as above. 3. The learned Standing Counsel appearing for the respondents submits that the matter could be disposed of, by causing Ext.P2 series to be considered by the 1st respondent. 4. The learned counsel for the petitioners submits that the particulars sought for by the 1st respondent are in respect of the period of three years and all the relevant records will have to be verified to submit the correct facts and figures and to have full compliance with the requirement in Ext.P1 series of notices. It is also brought to the notice of this Court that the financial year is coming to an end by 31.03.2014 and as such, the petitioners have to attend to other day-to-day requirements as well, so as to safeguard the interest of the members/general public, who deal with the Bank. W.P.C.No.4043 OF 2014 3 After hearing both the sides, this Court finds it fit and proper to grant ‘one month's’ time to the petitioners, so as to satisfy the requirement in Ext.P1. Subject to this, the writ petition stands disposed of. P.R. RAMACHANDRA MENON, JUDGE sp "