Wa/550/2010 Of The Peravoor Co-Op. Urban Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WA.No. 550 of 2010 ---------------------- AGAINST JUDGMENT IN WP(C) NO. 23454/2009 DATED 18/08/2009 ................ APPELLANT/PETITIONER --------------------------- THE PERAVOOR CO-OPERATIVE URBAN BANK LTD PERAVOOR P.O., REPRESENTED BY ITS SECRETARY SRI. BALAKRISHNAN V.V., S/O VELAYUDHAN, AGED 45 YEARS, RESIDING AT VATTAKKATT HOUSE, P.O.KANICHAR, KANICHAR AMSOM, DESOM, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS/RESPONDENTS ---------------------------------- 1. THE INCOME TAX OFFICER,(CIB), OFFICE OF ASSISTANT DIRECTOR OF INCOME TAX,(INV), KOZHIKODE. 2. THE ASSISTANT DIRECTOR OF INCOME TAX, (INV), KOZHIKODE. 3. THE COMMISSIONER OF INCOME TAX(CIB), COCHIN, ERNAKULAM. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI. R1 TO R3 BY ADV.SRI.JOSE JOSEPH R4 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.550 of 2010 ------------------------------------------ Dated this the 30[th] day of June, 2010 JUDGMENT J.Chelameswar, C.J. This writ appeal is preferred by the petitioner in W.P.(C)No.23454 of 2009 aggrieved by the judgment dated 18[th] August,2009 by which a batch of writ petitions were disposed of decliningto interfere with the impugned notice issued under Section 133(6)of the Income Tax Act. It appears that similar notices wereissued to many persons who approached this Court by way theabovementioned batch of writ petitions and all the writ petitionswere similarly disposed of by a common judgment. 2. Aggrieved by the decision not to interfere with theimpugned notice, some of the other writ petitioners had earliermoved writ appeals before this Court and one of them isW.A.No.1854 of 2009. By judgment dated 24.11.2009 the saidwrit appeal was dismissed. The appellant therein carried thematter to the apex Court by way of a Special Leave Petition and itappears that the matter is pending consideration before the WA No.550 of 2010 - 2 - Supreme Court. Notices were issued in the Special LeavePetition on 15.2.2010 and a copy of the said order is placedbefore this Court. In the circumstances, the instant writ appeal is also dismissed following the earlier decision of this Court inW.A.No.1854 of 2009. J.Chelameswar, Chief Justice vns P.N.Ravindran,Judge