A writ petition challenging the liability of a Co-operative Bank under the Income Tax Act provisions was declared unsustainable. However, compliance time for a specific notice was extended to 28.02.2010 based on prior judicial directions.
Time for complying with the notice directions extended till 28.02.2010.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931
WP(C).No. 14 of 2010(B)
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PETITIONER:
THE MALAPPURAM SERVICE CO-OPERATIVE BANK LTD,NO.F.1829,REPRESENTED BY ITS SECRETARY, UP.HILL.P.O,MALAPPURAM,MALAPPURAM DISTRICT.
BY ADV. SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENTS:
COCHIN,ERNAKULAM.
BY ADV. MR. JOSE JOSEPH, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 14 OF 2010
Dated this the 7th January , 2010
J U D G M E N T
The issue involved in this case is whether the petitioner , a Co-operative Bank registered under the relevant provisions of Kerala Co-operative Societies Act, is a 'person' as defined under the provisions of Section 2(31) of the Income Tax Act and is liable to satisfy the requirement in response to the notice issued under Section 133(6) of the Income Tax Act
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W.P.(C) No. 14 OF 2010
no enquiry is pending, the 'prior sanction' of the Director or the Commissioner, as the case may be, is to be obtained.
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W.P.(C) No. 14 OF 2010
Division Bench was much prior to the date of notice involved in the present case i.e., 18.09.2009 as shown in Ext. P1. The learned Counsel further submits that since Ext.P1 notice does not reflect any 'prior approval' from the Director, the matter has to be agitated further, in tune with the specific directions contained in Ext. P3 judgment. The learned Standing Counsel appearing for the respondents submits that, taking note of the facts and events, time might be granted up to 28.02.2010.
Writ Petition is declared as unsustainable, however, making it clear that time for complying with the directions in respect of Ext. P1 notice, in the light of Ext. P3 judgment will stand extended till 28.02.2010.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON, JUDGE.
lk
2 issues framed by the court
Whether a Co-operative Bank registered under the Kerala Co-operative Societies Act is a 'person' under Section 2(31) of the Income Tax Act.
Whether the petitioner is liable to satisfy requirements under a notice issued under Section 133(6) of the Income Tax Act.
Colour shows how this judgement treated each authority
Karnataka Bank Ltd.vs. Secretary, Govt. of India and othersReferred¶26
Karnataka Bank Ltd.vs. Secretary, Govt. of India and others (AIR 2003 SC 2096) · Who else cites this
2 provisions across 1 enactments
The Malappuram Service Co-operative Bank Ltd
The Income Tax Officer (CIB), Kozhikode
The Assistant Director of Income Tax (INV), Kozhikode
The Commissioner of Income Tax (CIB), Cochin
Union of India
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
