By Advs.sri.harisankar v. Menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 10TH DAY OF FEBRUARY 2014/21ST MAGHA, 1935 WP(C).No. 4043 of 2014 (E) --------------------------- PETITIONER(S): -------------------------- 1. THE PALAKKAD TALUK GOVT. EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.P 758, CIVIL STATION, PALAKKAD, REPRESENTED BY SOBHANA P.K., MANAGER. LTD. NO.P 758, CIVIL STATION, PALAKKAD, REPRESENTED BY SOBHANA P.K., MANAGER. 2. THE PALAKKAD SERVICE CO-OPERATIVE BANK LTD. NO. F 1200, G.B.ROAD, PALAKKAD - 1, REPRESENTED BY C.VIJAYAKUMAR, SECRETARY. SECRETARY. 3.THE ELAPPULLY SERVICE CO-OPERATIVE BANK LTD. NO. F 1193, ELAPPULLY P.O., PALAKKAD DISTRICT, REPRESENTED BY K.BALASUBRAMANIAN, SECRETARY-IN-CHARGE. ELAPPULLY P.O., PALAKKAD DISTRICT, REPRESENTED BY K.BALASUBRAMANIAN, SECRETARY-IN-CHARGE. 4. THE NAGARIPURAM SERVICE CO-OPERATIVE BANK LTD. NO.F. 1632, NAGARIPURAM P.O., VIA MANNUR, PALAKKAD DISTRICT, REPRESENTED BY P.V.NANDAKUMARAN, SECRETARY. REPRESENTED BY P.V.NANDAKUMARAN, SECRETARY. 5. THE MUNDOOR SERVICE CO-OPERATIVE BANK LTD., NO.F1650, MUNDOOR P.O., PALAKKAD DISTRICT, REPRESENTED BY K.S.SURESH, SECRETARY. NO.F1650, MUNDOOR P.O., PALAKKAD DISTRICT, REPRESENTED BY K.S.SURESH, SECRETARY. 6. THE PERINGODE SERVICE CO-OPERATIVE BANK LTD., NO.F 1552, PARASSERY P.O., PALAKKAD DISTRICT, REPRESENTED BY P.SETHUMADHAVAN, SECRETARY. NO.F 1552, PARASSERY P.O., PALAKKAD DISTRICT, REPRESENTED BY P.SETHUMADHAVAN, SECRETARY. 7. KANJIKODE SERVICE CO-OPERATIVE BANK LTD. , NO.F.1199, KANJIKODER P.O., PALAKKAD DISTRICT, REPRESENTED BY M.RAMAKRISHNAN, SECRETARY. NO.F.1199, KANJIKODER P.O., PALAKKAD DISTRICT, REPRESENTED BY M.RAMAKRISHNAN, SECRETARY. 8. THE MANAKARA SERVICE CO-OPERATIVE BANK LTD., NO.P 363, MANKARA P.O., PALAKKAD DISTRICT, REPRESENTED BY P.SIVAGNANAM, SECRETARY. NO.P 363, MANKARA P.O., PALAKKAD DISTRICT, REPRESENTED BY P.SIVAGNANAM, SECRETARY. 9. THE KONGAD SERVICE CO -OPERATIVE BANK LTD., NO.P 538, KONGAD P.O., PALAKKAD DISTRICT, REPRESENTED BY K.SHYLA, SECRETARY-IN-CHARGE. NO.P 538, KONGAD P.O., PALAKKAD DISTRICT, REPRESENTED BY K.SHYLA, SECRETARY-IN-CHARGE. WPC.NO.4043/2014 (E) 10. THE THADUKKASSERY SERVICE CO-OPERATIVE BANK LTD., NO.F 534, KERALASSERY P.O., PALAKKAD DISTRICT, REPRESENTED BY VIJAYAKUMAR M.P., SECRETARY-IN-CHARGE. 11. THE KANHIKULAM SERVICE CO-OPERATIVE BANK LTD., NO F 1086, KANNIKULAM P.O., PALAKKAD DISTRICT, REPRESENTED BY K.SAISDHARAN, SECRETARY. NO F 1086, KANNIKULAM P.O., PALAKKAD DISTRICT, REPRESENTED BY K.SAISDHARAN, SECRETARY. 12. THE MANNUR SERVICE CO-OPERATIVE BANK LTD., F 1582, MANNUR P.O., PALAKKAD DISTRICT, REPRESENTED BY SUNDARESWARAN P.V., SECRETARY. REPRESENTED BY SUNDARESWARAN P.V., SECRETARY. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S): --------------------------- 1. THE INCOME TAX OFFICER (INTELLIGENCE), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. 2. THE DIRECTOR OF INCOME TAX (INTELLIGENCE) CENTRAL REVENUE BUILDING, IS PRESS ROAD, ERNAKULAM, KOCHI - 682 018. KOCHI - 682 018. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4043 of 2014 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT P1 : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(A) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(B) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(C) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. CENTRAL REVENUE BUILDING, IS PRESS ROAD, ERNAKULAM, KOCHI - 682 018. KOCHI - 682 018. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4043 of 2014 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT P1 : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(A) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(B) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(C) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(D) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.08/11/2013. EXHIBIT P1(E) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(F) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(G) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(H) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(I) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(J) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P1(K) : COPY OF NOTICE ISSUED BY THE 1ST RESPONDENTDTD.22/1/2014. EXHIBIT P2 : COPY OF LETTER FILED BY THE 1ST PETITIONER TO THE 1STRESPONDENT DTD.05/02/2014. Kss ..2/- WPC.NO.4043/2014 (E) EXHIBIT P2(A) : COPY OF LETTER FILED BY THE 2ND PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(B) : COPY OF LETTER FILED BY THE 3RD PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(C) : COPY OF LETTER FILED BY THE 4TH PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(D) : COPY OF LETTER FILED BY THE 5TH PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(E) : COPY OF LETTER FILED BY THE 6TH PETITIONER TO THE 1STRESPONDENT DTD.05/02/2014. EXHIBIT P2(F) : COPY OF LETTER FILED BY THE 7TH PETITIONER TO THE 1STRESPONDENT DTD.05/02/2014. EXHIBIT P2(G) : COPY OF LETTER FILED BY THE 8TH PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(H) : COPY OF LETTER FILED BY THE 9TH PETITIONER TO THE 1STRESPONDENT DTD.05/02/2014. EXHIBIT P2(I) : COPY OF LETTER FILED BY THE 10TH PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(J) : COPY OF LETTER FILED BY THE 11TH PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P2(K) : COPY OF LETTER FILED BY THE 12TH PETITIONER TO THE 1STRESPONDENT DTD. 05/02/2014. EXHIBIT P3 : COPY OF JUDGMENT IN CIVIL APPEAL NO.7460/2013 OF HON'BLESUPREME COURT OF INDIA DTD. 27/08/2013. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ Kss P.A.TO JUDGE P.R. RAMACHANDRA MENON, J. --------------------------------------- W.P.C. No.4043 OF 2014 --------------------------------------- Dated this the 10[th] day of February, 2014. JUDGMENT The petitioners, who are Co-operative Societies/Banks, functioning in terms of the Co-operative Societies Act/Rules, arebefore this Court, challenging the correctness and sustainabilityof Ext.P1 series notices issued by the 1[st] respondent underSection 133(6) of the Income Tax Act, 1961. Various groundshave been raised with regard to the correctness and sustainabilityof the said proceedings. However, as conceded by the petitioners,the issue stands answered against the persons like the petitionersas per the decision rendered by this Court and the said verdicthas been affirmed by the Apex Court on dismissal of the SLPspreferred in this regard by the aggrieved parties, as borne byExt.P3. 2. The learned counsel for the petitioners submits that inthe above facts and circumstances, the petitioners have raised analternate relief, as borne by prayer No.2, for granting further 2. The learned counsel for the petitioners submits that inthe above facts and circumstances, the petitioners have raised analternate relief, as borne by prayer No.2, for granting further time to trace out all the particulars and to have the samefurnished. Since, the time granted as per Ext.P1 series notice wasonly up to 07.02.2014, the petitioners have approached the 1[st]respondent by filing Ext.P2 series applications for granting somemore time as above. 3. The learned Standing Counsel appearing for therespondents submits that the matter could be disposed of, bycausing Ext.P2 series to be considered by the 1[st] respondent. 4. The learned counsel for the petitioners submits that theparticulars sought for by the 1[st] respondent are in respect of theperiod of three years and all the relevant records will have to beverified to submit the correct facts and figures and to have fullcompliance with the requirement in Ext.P1 series of notices. It isalso brought to the notice of this Court that the financial year iscoming to an end by 31.03.2014 and as such, the petitionershave to attend to other day-to-day requirements as well, so as tosafeguard the interest of the members/general public, who dealwith the Bank. After hearing both the sides, this Court finds it fit andproper to grant ‘one month's’ time to the petitioners, so as tosatisfy the requirement in Ext.P1. Subject to this, the writ petition stands disposed of. P.R. RAMACHANDRA MENON, JUDGE sp