Disposed

The Kadannamanna Service Co-Op. Bank Ltd. v. the Income Tax Officer and Others

Kerala HC24 Mar 2010WP(C)/9955/2010

Case brief

AI extract

What is this about?

The High Court stayed further proceedings under Section 133(6) of the Income Tax Act against a cooperative bank, directing respondents to wait for the final outcome of a pending Supreme Court special leave petition challenging a Division Bench verdict.

What did the court decide?

Respondents directed to keep all further proceedings pursuant to the impugned notice in abeyance subject to the final outcome of the SLP pending before the Supreme Court.

The Kadannamanna Service Co-Op. Bank Ltd. Vs the Income Tax… — Income Tax | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932

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WP(C).No. 9955 of 2010(T)

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PETITIONER :-

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-------------------

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THE KADANNAMANNA SERVICE CO-OPERATIVE BANK LTD.NO.10561, REP.BY ITS PRESIDENT, P.O.KADANNAMANNA, MALAPPURAM DISTRICT.

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BY ADV. MR.U.K.DEVIDAS

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RESPONDENTS :-

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----------------------

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1. THE INCOME TAX OFFICER (CIB), OFFICE OF ASSISTANT DIRECTOR OF INCOME TAX (INV.), KOZHIKODE.

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2. THE ASSISTANT DIRETOR OF INCOME TAX, KOZHIKODE.

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3. THE COMMISSIONER OF INCOME TAX (CIB), COCHIN, ERNAKULAM.

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4. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI.

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STANDING COUNSEL MR.T.M.JOSEPH ASST.SOLICITOR GENERAL MR.T.P.M.IBRAHIM KHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010, ALONG WITH WP(C)Nos.9956, 10003 & 10004 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JVT

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P.R. RAMACHANDRA MENON, J.

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).Nos. 9955, 9956, 10003 & 10004 of 2010

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24^th day of March, 2010

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J U D G M E N T

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The petitioners are challenging the sustainability of Ext.P1 notice issued under Section 133(6) of the Income Tax Act, raising many a ground, mainly contending that the petitioner does not come within the purview of 'person' as defined under the Income Tax Act.

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When similar matters came up for consideration before this Court earlier, interference was declined; which led to Writ Appeal 2333/2009 and connected cases, leading to Ext.P3 judgment; upholding the verdict passed by the learned Single Judge; however giving some specific directions as to the course to be pursued by the Income Tax authorities. The main point considered was, whether the notice similar to Ext.P1 was issued with 'prior permission' of the Director or the Commissioner, as the case may be, and if the notice did not disclose any such prior permission, the matter was directed to be re-examined by the authority concerned and if it was found

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W.P.(C).Nos. 9955, 9956, 10003 & 10004 of 2010 2

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that there was no prior permission, further proceedings were permitted to be pursued only after obtaining such permission.

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Being aggrieved of the verdict passed by the Division Bench, the matter has already been taken up before the Apex Court by filing SLP (C) 3976/2010, which has been admitted, also granting interim stay as borne by Ext.P4. This being the position, this Court finds that the respondents are not justified in proceeding with Ext.P1 notice any further, till the issue is settled by the Hon'ble Supreme Court.

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In the above circumstances, the respondents are directed to keep all further proceedings pursuant to Ext.P1 in abeyance for the time being and steps shall be pursued only subject to the final outcome of the SLP now pending consideration before the Hon'ble Supreme Court, wherein Ext.P4 interim order has been passed.

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All the Writ Petitions are disposed of accordingly.

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P. R. RAMACHANDRA MENON JUDGE

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nl.

The Kadannamanna Service Co-Op. Bank Ltd. v. the Income Tax Officer and Others

Case brief

What is this about?

What did the court decide?

The Kadannamanna Service Co-Op. Bank Ltd. v. the Income Tax Officer and Others

Case brief

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