THE THALAPPALAM SERVICE CO-OPERATIVE BANK LTD. V. UNION OF INDIA

WP(C)/3532/2014

AI Insights

The case involves multiple Co-operative Banks and a Co-operative Employees Society as petitioners, challenging notices issued under Section 133(6) of the Income Tax Act, 1961, by the Income Tax Officer, Alappuzha. The petitioners sought relief to have their grievances addressed regarding these notices, which pertained to income tax assessments. The respondents, including the Union of India and various tax authorities, defended the notices citing precedents that supported their actions. The court's decision focused on procedural fairness, ensuring that the petitioners' representations were considered by the tax authorities.

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 722419 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 28-02-2014
• Assessment Year: misc
• Other Referred Cases: Alanallur Service Co.op Bank Ltd. Vs. Commissioner of Income Tax, Kathiroor Service Co-operative Bank Ltd. Vs. Commissioner of Income Tax (CIB) and others
• Laws Referred To: Income Tax Act, 1961, Kerala Co-operative Societies Act, 1969
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: A KUMAR
• Keywords: Co-operative Banks; Income Tax; Judicial precedents; Notices; Representation
• Section: 133(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 28TH DAY OF FEBRUARY 2014/9TH PHALGUNA, 1935 WP(C).No. 3532 of 2014 (N) ---------------------------------- PETITIONER(S): -------------------------- 1. THE THALAPPALAM SERVICE CO-OPERATIVE BANK LTD. PLASSANAL, KOTTA YAM DISTRICT, KOTTA YAM REPRESENTED BY ITS SECRETARY . 2. THE MANJOOR SERVICE CO-OPERARTIVE BANK LTD KURUPPANTHARA, MANJOOR PO, KOTTAY AM REPRESENTED BY ITS SECRETARY . 3. THE MELUKAVU SERVICE CO-OPERATIVE BANK LTD MELUKAVU MATTOM, KOTTAYAM, PIN 686 652 REPRESENTED BY ITS SECRETARY 4. THE MOONILAVU SERVICE CO-OPERATIVE BANK LTD MOONNILAVU , KOTTA YAM, PIN 686 586 REPRESENTED BY ITS SECRETARY 5. THE NEELOOR SERVICE CO-OPERATIVE BANK LTD NEELOOR PO, KOTTAY AM, REPRESENTED BY ITS SECRETARY 6. THE TEEKOY SERVICE CO-OPERATIVE BANK LTD TEEKOY, KOTTAYAM, PIN 686 580 REPRESENTED BY ITS SECRETARY 7. THE MEENACHIL TALUK CO-OPERATIVE EMPLOYEES CO-OPERATIVE SOCIETY LTD PALA, KOTTAYAM, REPRESENTED BY ITS SECRETARY 8. THE POONJAR SERVICE CO-OPERATIVE BANK LTD POONJAR, KOTTA YAM, REPRESENTED BY ITS SECRETARY BY ADV. SRI.A.KUMAR RESPONDENT(S): ---------------------------- 1. UNION OF INDIA REPRESENTED BY MINISTRY OF FINANCE NEW DELHI 110 001 WP(C).No. 3532 of 2014 (N) - 2 - 2. COMMISSIONER OF INCOME TAX KOTTAY AM 686 001. 3. DIRECTOR OF INCOME TAX (INTELLIGENCE) KOCHI 682 018 4. INCOME TAX OFFICER(INTELLIGENCE) NAV ARATNAM, VELLAKINAR, ALAPPUZHA 688 001 BY SRI. JOSE JOSEPH, STANDING COUNSEL, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3532 of 2014 (N) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE NOTICES ISSUED TO THE PETITIONERS EXHIBIT P2 COPY OF THE REPRESENTATION ADDRESSED TO THE UNION FINANCE MINISTRY DAT ED 10/12/2013 EXHIBIT P3 COPY OF THE REPRESENTATION DA TED 22/1/2014 EXHIBIT P4 COPY OF THE REPRESENTATION ADDRESSED TO THE UNION FINANCE MINISTRY DATED 18/12/2013 EXHIBIT P5 COPY OF THE PETITIONER'S REPRESENTATION TO THE UNION FINANCE MINISTRY DATED 18/12/2013 EXHIBIT P6 COPY OF THE JUDGMENT IN WPC NO.31579/2006 DATED 29/11/2006 EXHIBIT P7 COPY OF THE REPRESENTATION ADDRESSED TO THE FINANCE SECRETARY, GOVERNMENT OF INDIA DATED 04/02/2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. // TRUE COPY // P.A. TO JUDGE sou. P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 3532 of 2014 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of February, 2014 JUDGMENT The petitioners, who are Co-operative Societies registered under the relevant provisions of the Kerala Co-operative Societies Act, 1969, are before this Court, challenging the correctness and sustainability of Ext.P1 series notices issued by the 4th 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. 2. The learned standing counsel for the respodents submits that the issue stands answered against the petitioners, as per the decision rendered in Alanallur Service Co.op Bank Ltd. Vs. Commissioner of Income Tax [(2004) 186 CTR 310 (Ker.)] and the position has been affirmed by the Apex Court in [2014] 360 ITR 243 (SC) [Kathiroor Service Co-operative Bank Ltd. Vs. Commissioner of Income Tax (CIB) and others]. 3. The learned counsel for the petitioners submits that, the limited relief now sought for is only to cause the grievance projected by the petitioners by way of Ext. P7 representation to be considered W.P.(C) No. 3532 of 2014 : 2 : within a reasonable time. It is also brought to the notice of this Court that the greivance has already been exposed by way of various representations/communications before the concerned Ministry and such other authorities as borne by Exts. P2 to P5 and that some alternate suggestions are also been made therein with regard to the necessity to enhance the ceiling as to the cut off figures. 4. After hearing both the sides, this Court finds it fit and proper to grant one month’s time to the petitioner to satisfy the requirement in Ext.P1. The first respondent is directed to consider and pass appropriate orders on Ext. P7 in accordance with the relevant provisions of law and the judidical precedents, as expeditiously as possible. The writ petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd "