MANNARKKAD RURAL SERVICE CO-OPERATIVE BANK LTD.NO.P-922 vs. THE DIRECTOR OF INCOME TAX

WP(C)/25368/2013HC KeralaKLHC01068556201317 December 2013Bench: HONOURABLE MR.JUSTICE V.CHITAMBARESH5 pages

AI SummaryDismissed

What did the High Court hold?

The provided text is an excerpt from the cause list and does not contain the operative part of the judgment, the findings of the High Court, the reasoning applied, or the ratio decidendi. It does not record what the Tribunal (in this case, the High Court acting as a writ court) decided on any issue, nor does it mention any operative directions such as remand or deletion. Therefore, it is not possible to determine what the High Court held or any principles that could be cited from this judgment.

What were the facts?

The petitioners are several Service Co-operative Banks in the Palakkad District of Kerala. They have filed a writ petition before the High Court of Kerala challenging the orders passed by the Director of Income Tax (Intelligence) and the Income Tax Officer (Intelligence). The specific orders or actions under challenge are not detailed in the provided text, nor are the assessment years or the amounts in dispute. The procedural history is limited to the filing of this writ petition before the High Court.

What were the issues?

The provided text does not explicitly state the questions of law or fact that the High Court had to decide. Consequently, the arguments presented by the assessee (the co-operative banks) and the revenue (Income Tax Department) are not recorded. There is no mention of any specific provisions of the Income Tax Act, circulars, or precedents relied upon by either party. Therefore, the specific legal questions and the contentions of each side cannot be identified from the given judgment excerpt.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 17TH DAY OF DECEMBER 2013/26TH AGRAHAYANA, 1935 WP(C).No. 25368 of 2013 (U) ---------------------------------------- PETITIONERS: --------------------- 1. MANNARKKAD RURAL SERVICE CO-OPERATIVE BANK LTD.NO.P-922, MANNARKKAD P.O, PALAKKAD DISTRICT, PIN-678 582, REPRESENTED BY ITS SECRETARY. 2. ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F-1178, ALANALLUR P.O, PALAKKAD DISTRICT, PIN-678 601, REPRESENTED BY ITS SECRETARY. 3. KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.NO.7489, KALLADIKODE P.O, PALAKKAD DISTRICT, PIN-678 576, REPRESENTED BY ITS SECRETARY. 4. MANNARKKAD TALUK GOVT. EMPLOYEES - CREDIT CO-OP. SOCIETY LTD. NO.P-630, MANNARKAD P.O, PALAKKAD DISTRICT, PIN- 678 582, REPRESENTED BY ITS SECRETARY. 5. MANNARKKAD TALUK AIDED SCHOOL EMPLOYEES - CO-OPERATIVE CREDIT SOCIETY LTD.NO.945, MANNARKKAD P.O, PALAKKAD DISTRICT, PIN-678 582, REPRESENTED BY ITS SECRETARY. 6. MANNARKKAD TALUK CO-OP. EMPLOYEES - CO-OPERATIVE SOCIETY LTD.NO.P-629, MANNARKKAD P.O, PALAKKAD DISTRICT, PIN-678 582, REPRESENTED BY ITS SECRETARY. 7. ARIYUR SERVICE CO-OPERATIVE BANK LTD.NO.F-1566, KOTTOPADAM P.O, PALAKKAD DISTRICT, PIN-678 583, REPRESENTED BY ITS SECRETARY. 8. KARAKKURISSI SERVICE CO-OPERATIVE BANK LTD.NO.P-1025, KARAKKURISSI P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. 9. POTTASSEERY SERVICE CO-OPERATIVE BANK LTD.NO.P-543, POTTASSERY P.O, PALAKKAD DISTRICT, PIN-678 582, REPRESENTED BY ITS SECRETARY. 10.CHETHALLUR SERVICE CO-OPERATIVE BANK LTD.NO.1462, CHETHALLUR P.O, PALAKKAD DISTRICT PIN-678 583 REPRESENTED BY ITS SECRETARY. 11.THACHAMPARA SERVICE CO-OPERATIVE BANK LTD.NO.3150 THACHANPARA P.O, PALAKKAD DISTRICT PIN-678 582 REPRESENTED BY ITS SECRETARY. Prv.

W.P.(C).NO.25368/2013-U: 12. KUMARAMPUTHUR SERVICE CO-OPERATIVE BANK LTD.NO.P-373

KUMARAMPUTHUR P.O, PALAKKAD DISTRICT

PIN-678 583 REPRESENTED BY ITS SECRETARY. 13. KOTHAKURISSI SERVICE CO-OPERATIVE BANK LTD. NO.F-1049

P.O.PANAMANNA, PALAKKAD DISTRICT

PIN- 679 501. REPRESENTED BY ITS SECRETARY. 14. CHERPALACHERRY SERVICE CO-OPERATIVE BANK LTD. NO.P-589

CHERPALACHERY P.O, PALAKKAD DISTRICT

PIN-679 503. REPRESENTED BY ITS SECRETARY. 15. SREEKRISHNAPURAM SERVICE CO-OPERATIVE BANK LTD.NO.F-1213

SREEKRISHNAPURAM, PALAKKAD DISTRICT

PIN-678 002. REPRESENTED BY ITS SECRETARY. 16. SHORANUR SERVICE CO-OPERATIVE BANK LTD.NO.P-578

SHORANUR P.O

PALAKKAD DISTRICT. REPRESENTED BY ITS SECRETARY

PIN-679 121. 17. KOPPAM SERVICE CO-OPERATIVE BANK LTD. NO.F-1205

PULASSERY P.O, PALAKKAD DISTRICT

PIN-679 307. REPRESENTED BY ITS SECRETARY. 18. PALLIPPURAM SERVICE CO-OPERATIVE BANK LTD. NO.2532

PALLIPPURAM P.O, PALAKKAD DISTRICT

PIN-678 006. REPRESENTED BY ITS SECRETARY.

BY ADVS.SRI.V.M.KURIAN, SRI.MATHEW B. KURIAN, SRI.K.T.THOMAS, SRI.N.SUNIL. RESPONDENTS: ----------------------- 1. THE DIRECTOR OF INCOME TAX (INTELLIGENCE), CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, ERNAKULAM, KOCHI-682 018. 2. THE INCOME TAX OFFICER (INTELLIGENCE), AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR THRISSUR-680 001. BY SRI.JOSE JOSEPH, S.C, SRI.P.K.R.MENON, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2013, ALONG WITH W. P.(C). NO. 30840/2013 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv.

W.P.(C).NO.25368/2013-U: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE NOTICE DATED 06.09.2013 ISSUED TO THE 1ST PETITIONER. EXHIBIT P2: TRUE COPY OF THE APPLICATION DATED 13.9.2013 SEEKING TIME FILED BEFORE THE 1ST RESPONDENT. EXHIBIT P3: TRUE COPY OF REPLY DATED 27.9.2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF THE WRITE UP DATED 09.10.2013 PUBLISHED IN THE MALAYALA MANORAMA DAILY. EXHIBIT P5: STATEMENT REGARDING THE DEPOSIT POSITION IN THE 1ST PETITIONER BANK HAVING ABOUT 12000 MEMBERS. EXHIBIT P6: COPY OF THE CERTIFICATE DTD. 29/11/2013 ISSUED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES. EXHIBIT P7: COPY OF THE CERTIFICATE DTD. 29/11/2013 ISSUED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES. EXHIBIT P8: CERTIFICATE DTD. 30/11/2013 IN RESPECT OF THE P.1. SHOWING THE DISBURSEMENT OF AGRICULTURAL LOAN AND SALES OF AGRICULTURAL INPUTS. EXHIBIT P9: COPY OF THE LETTER DTD. 25/10/2013 ISSUED BY THE RESERVE BANK OF INDIA TO THE KATHIRUR SERVICE CO-OPERATIVE - BANK LTD. EXHIBIT P10: COPY OF THE LETTER DTD. 29/10/2013 ISSUED TO THE CALICUT CITY CO-OPERATIVE BANK LTD. NO.D.2777. EXHIBIT P11: COPY OF THE REPORT IN DHANAM BI-WEEKLY DTD. 15/11/2013. RESPONDENTS' EXHIBITS: EXT.R1.(a): COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT DTD. 27/08/2013. EXT.R1.(b): COPY OF THE LETTER DTD. 09/10/2013. EXT.R1.(c): COPY OF THE LETTER DTD. 13/09/2013. EXT.R1.(d): COPY OF THE RECORD OF DISCUSSION. //TRUE COPY// P.A. TO JUDGE. Prv.

V.CHITAMBARESH,J. = = = = = = = = = = = W.P.(C)Nos.25368, 25816, 28676, 29160, 29861, 30299, 30351, 30446, 30450, 30451, 30840, 31160, 31198 31275,31304,31307, 31318 and 31319 of 2013 = = = = = = = = = = = == = = = = Dated this the 17th day of December, 2013

J U D G M E N T The challenge to similar notices issued by the Income Tax Department has been turned down by judgment dated 12-12-2013 in W.P(C)No.30486/2013 and connected cases. The learned Single Judge has followed the decision of the Supreme Court in Kathiroor Service Co-operative Bank Ltd. and Others vs. Commissioner of Income Tax and Others [(2013) 263 CTR (SC) 129]. 2. The Supreme Court has affirmed the decision of the Division Bench of this Court in Chavassery Service Co- operative Bank Ltd. and Others vs. Income Tax Officer and Others [(2010) 231 CTR 404 (Ker)]. The opinion of the Income Tax Officer is manifest by his conduct in issuing the notices under Section 133(6) of the Income Tax Act, 1961. [See. Dolgobinda Paricha vs. Nimai Charan Misra and Others (AIR 1959 SC 914)]. 3. The Co-operative Banks should not feel shy to furnish

W.P.(C)Nos.25368 and con.cases. 2 the information sought by the Income Tax Department in order to ensure that the transactions of the depositors are wholly transparent. The petitioners are however free to move the authority for granting extension of time to furnish the particulars which shall be dealt with in accordance with law. The writ petitions are dismissed. V.CHITAMBARESH JUDGE smm

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