THODUPUZHA SERVICE CO-OPERATIVE V. THE INCOME TAX OFFICER

WP(C)/15815/2011

AI Insights

The case involves Thodupuzha Service Co-operative Bank Limited, which challenged the proceedings initiated by the Income Tax authorities under Section 133(6) of the Income Tax Act, 1961, requiring the bank to furnish certain details. The petitioner argued that the issue of liability for similar disclosures was pending before the Supreme Court, which had granted a stay on such disclosures. The High Court of Kerala referenced a similar case (W.A.No.290/2010) where it had previously decided to abide by the Supreme Court's final judgment on the matter. Consequently, the High Court disposed of the writ petition, directing adherence to the Supreme Court's forthcoming decision.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 756004 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 21-07-2011
• Assessment Year: misc
• Other Referred Cases: W.A.No.290/2010, W.A.No.2553 of 2009 and connected cases
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: JOICE GEORGE; TOM JACOB
• Keywords: Co-operative Bank; 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 THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 15815 of 2011(B) ----------------------- PETITIONER : --------------------- THODUPUZHA SERVICE CO-OPERATIVE BANK LIMITED NO-969, REPRESENTED BY ITS SECRETARY, THODUPUZHA P.O., THODUPUZHA, IDUKKI DISTRICT BY ADVS. SRI.JOICE GEORGE SRI.TOM E. JACOB 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 4. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI - 110 008. R1 TO R4 BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15815 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE NO. ITO/(CIB) KOCHI/CO-OPCS/2010-11 DATED 09.03.2011. EXT.P2 : COPY OF THE INTERIM ORDER DATED 26.04.2010 IN SLP NOS. 11454 - 11467/2010 OF THE SUPREME COURT OF INDIA. EXT.P3 : COPY OF THE JUDGMENT IN WA NO. 290/2010 DATED 22.02.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15815 OF 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 JUDGMENT The petitioner is a Co-operative bank. They are aggrieved by the proceedings initiated by the Income Tax authorities directing the petitioner to furnish details as per Section 133(6) of the Income Tax Act, 1961. According to the petitioner, 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 petitioner submits 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: “This writ appeal is filed against the judgment of the W.P.(C)No.15815/11 2 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 this writ petition can also be disposed of in terms of that judgment. Accordingly, this writ petition is disposed of in terms of that judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15815/11 3 W.P.(C)No.15815/11 4 "